Catholic Church head George Pell told victim John Ellis he had been through 'legal abuse', royal commission hears

By Joanna Woodburn
ABC News
March 11, 2014

http://www.abc.net.au/news/2014-03-11/catholic-church-told-victim-he-had-been-through-27legal-abuse/5312600

A victim of child sexual abuse by a Catholic priest was told by Cardinal George Pell that he had also suffered "legal abuse" in his attempts to seek justice, a royal commission has heard.

The Royal Commission into Institutional Responses to Child Sexual Abuse is examining allegations made by John Ellis, who failed in his attempt to sue the Catholic Church in 2007.

Mr Ellis was abused by Father Aidan Duggan in Sydney between 1974 and 1979.

Giving evidence to the royal commission, Mr Ellis recalled a meeting with the former Archbishop of Sydney and Australia's most senior Catholic, Cardinal Pell, in February 2009.

Mr Ellis said he was surprised that Cardinal Pell had believed Mr Ellis was seeking millions of dollars, which would need to be defended, rather than an ex-gratia payment of $100,000.

Senior counsel assisting the royal commission Gail Furness asked Mr Ellis if he remembered Cardinal Pell saying: "what you have been through is legal abuse".

Mr Ellis replied: "I'm confident he used those words."

Mr Ellis was questioned by Peter Gray SC, legal counsel for the Catholic Archdiocese of Sydney, regarding a meeting Mr Ellis and his wife had with Cardinal Pell.

Mr Gray: "So is it fair to say that you found Cardinal Pell's attitude towards you and your wife in that meeting respectful?"

Mr Ellis: "Yes."

Mr Gray: "Willing to admit mistakes?"

Mr Ellis: "Yes."

Mr Gray: "Willing to acknowledge the harm caused to you by your experience of the Towards Healing process and the litigation process?"

Mr Ellis: "Yes, primarily the litigation process."

Mr Ellis told the commission he could not fathom why the Archdiocese of Sydney disputed some of his complaints, including that he had been abused by Father Duggan.

"The inference was that I had been dishonest in my testimony. This was extraordinarily upsetting and distressing," he said.

"I was saddened by the fact that the occurrence of the abuse was disputed."

John Francis Davoren, a former director of the Catholic Church's Professional Standards unit, was the second witness to give evidence about the case of Mr Ellis.

Commissioner Justice Peter McLellan repeatedly questioned Mr Davoren whether he followed the necessary process for responding to complaints when he dealt with Mr Ellis' case.

"You did not do what the procedure required you to do, did you?" the Commissioner asked.

"Apparently not," Mr Davoren replied.

When questioned whether he had ordered a medical assessment of Father Duggan to gauge his lucidity and ability to respond to the allegations, Mr Davoren responded "no".

A former priest and judge says the change of position by Australia's most senior Catholic raises complicated legal issues for victims of abuse.

On Monday, the royal commission heard that Cardinal Pell believed the Catholic Church should be able to be sued in cases of child sexual abuse.

Christopher Geraghty says such a move, while a welcome step, may bring uncertainty for victims who have already received compensation via the Church's own scheme.

"Are they going to be able to reopen their claims to get what they regard as a just and fair compensation?" he said.

"Have they signed documents to say they won't do it? Is the Church going to just say we're not going to take any notice of those any further, you can go ahead?

"And if they do - there are hundreds of people standing there that have already settled their claim - that will be able to revitalise them."

In 2007 the New South Wales Appeals Court found the Church could not be held liable for the conduct of its priests, nor could it be sued, because it does not exist as a legal entity.

The case set a precedent that is now referred to as the "Ellis defence", and is seen by many in the legal fraternity as a major barrier to people seeking compensation.

The royal commission's hearings continue.