PELL Granted Access to Victim's Evidence

9 News
November 30, 2012

http://news.ninemsn.com.au/national/2012/11/30/20/01/pell-granted-access-to-victim-s-evidence

Australia's most senior Catholic, Cardinal George Pell, has been granted access to a transcript of evidence given by the victim of pedophile priest Robert Best.

The archbishop of Sydney has sought a transcript of evidence given by a victim of the jailed brother 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 his alleged rape to another priest.

The Catholic Archdiocese of Sydney has said the archbishop was never present when any rape allegations were made by a victim against Best.

Lawyers for the victim had opposed Cardinal Pell having access to the transcript.

Victorian County Court Judge Roy Punshon on Friday allowed lawyers of Cardinal Pell access to a small portion of transcript which he had determined was relevant to the allegations that have been made about him.

The transcript relates to evidence given by the victim during Best's trial about his complaint to a priest at the presbytery.

Judge Punshon said the identity of priests to whom the complaint was made or in whose presence it was made was an issue in the trial.

The transcript included parts of the victim's evidence-in-chief and his cross-examination, the judge said.

After viewing the transcript Timothy Seccull, a lawyer for the victim, agreed it could be released.

Judge Punshon said he did not intend to restrict the purpose of the transcript release in any way.

"Cardinal Pell has had allegations made against him in a public arena," he said.

Judge Punshon said Cardinal Pell was entitled to prepare himself for an appearance at the inquiry with information in relation to the allegations being made.

He said the passages he granted access to were discrete and that access to those passages could be given without significant editing.

The court was told last week that neither Cardinal Pell nor 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.