VICTIM Doesn't Want Pell to Get Transcript

9 News
November 23, 2012

http://news.ninemsn.com.au/national/2012/11/23/20/00/victim-doesn-t-want-pell-to-get-transcript

A lawyer for a victim of pedophile brother Robert Best has urged a court not to release the transcript of his trial to Australia's most senior Catholic - Cardinal George Pell.

Cardinal Pell has applied for a transcript of the case as he prepares for an expected appearance at a Victorian parliamentary inquiry into child sexual abuse.

The inquiry has been told Cardinal Pell was present when a grade three student at a Ballarat school in the 1960s described to another priest his alleged rape by Best.

On Friday, Timothy Seccull, a lawyer for one of Best's victims, opposed Cardinal Pell's application, saying the cardinal was in effect trying to do the work of the parliamentary inquiry by investigating the allegation.

Mr Seccull told the Victorian County Court if there was an issue then it should be the parliamentary inquiry or recently announced royal commission applying to get the transcript.

"We say this is properly a matter for them and not a matter for Cardinal Pell to step into their shoes," he said.

But Cardinal Pell's lawyer Marcus Hoyne said his client should not have to sit and wait and see what the inquiry was doing.

He said principles of open justice governed that material should ordinarily be released to a person who made application for it.

Mr Hoyne said it was common for the media to make applications for access to court files, but such an application could be made by any person.

Cardinal Pell's lawyers had sought access to the entire court file, but on Friday, they narrowed their application to seek access to transcript of the trial involving one victim.

An affidavit read to the court said Cardinal Pell wanted to understand better the facts surrounding the prosecution of Best for his offences.

Judge Roy Punshon said he had a sense of "anxiety and discomfort" about requests to produce sensitive material, when it was left to him to decide what material was relevant.

He suggested if the transcript was released Pell's lawyers could work with the Office of Public Prosecutions to determine what was relevant.

Judge Punshon said he would deliver a decision as soon as possible.

The court heard neither Cardinal Pell or Dr Vivian Waller, who made the allegation relating to Cardinal Pell being present when the rape allegation was made, have been told if or when they will be called to give evidence at the inquiry.

Best was convicted last year of 27 offences against 11 schoolboys, including two rapes, and was jailed for 14 years and nine months.