EDITORIAL: Cardinal George Pell's change of heart proves ...

Courier Mail
March 12, 2014

http://www.couriermail.com.au/news/opinion/editorial-cardinal-george-pells-change-of-heart-proves-child-sexual-abuse-royal-commissions-worth/story-fnihsr9v-1226851900728

Cardinal Pell, who is soon to take up a new post as a financial overseer at the Vatican in Rome, will give further evidence at the Royal Commission, probably next week.

Former altar boy John Ellis gives a victim's statement at the Royal Commission into Institutional Responses to Child Sexual Abuse in Sydney.

There’s no place for racism of any kind in a game such as rugby league and those calling out names in public or using social media need to be identified, called out and punished.

THE abuse case brought against the Catholic Church by former altar boy John Ellis was by any measure a travesty of justice.

Mr Ellis was abused as an altar boy by a Benedictine monk, priest Aidan Duggan, on leave from Scotland, in the late 1970s. Mr Ellis was aged between 13 and 17 when the abuse took place.

Mr Ellis asked for compensation from the church as part of its Towards Healing process but the Sydney Archdiocese's lawyers fought against a cash settlement, arguing the Catholic Church was not a legal entity which could be sued and the church's priests and officials bore no responsibility for the actions of their brethren.

Mr Ellis's bid for an acknowledgment of culpability from the church and compensation was dashed in 2007 when the New South Wales Court of Appeal agreed with the Catholic legal team - setting a precedent which continues to be used today. Cardinal George Pell, then archbishop of Sydney, agreed to this defence being run but later disowned it, claiming he was unaware of all aspects of the case.

Then-archbishop Pell told Mr Ellis in 2009 the judgment was "legal abuse" and it should not have happened. Now the Cardinal has indicated to the Royal Commission inquiring into institutional responses to child sexual abuse this defence will be scrapped by the church, although some officials have said this is unlikely to happen officially until after the inquiry reports - which could be years away.

That an institution as big, influential and wealthy as the Catholic Church could claim not to exist simply to avoid paying compensation to people who were preyed upon and abused in despicable ways, is a legal technicality offending decency.

While Cardinal Pell says he was misinformed by his legal advisers - who apparently told him Mr Ellis was suing for "millions" when he was willing to accept an ex gratia payment of $100,000 - he should have taken a more intense interest in the details of the action.

The amount Mr Ellis claimed was small compared to the $1.5 million the case eventually cost the church, not including an $800,000 payment made later to Mr Ellis for medical and other costs. Despite Cardinal Pell's regret, expressed previously and repeated this week, it is clear church authorities were intent on finding a way to protect the church's valuable assets.

Now Cardinal Pell has set this legal precedent aside.

"Whatever position was taken by the lawyers during the (Ellis) litigation, or by lawyers or individuals within the archdiocese following the litigation, my own view is that the church in Australia should be able to be sued in cases of this kind," he said in a statement to the Royal Commission.

The Catholic Church set up the Truth, Justice and Healing Council in response to the Royal Commission and this body, under the leadership of long-time church social justice advocate Francis Sullivan, is now looking at drawing up an official protocol which would allow all sexual abuse victims to sue the church.

This position was put to the Catholic bishops and Mr Sullivan said there was "verbal support" for a new way of handling complaints and ending this legal protection of the church.

Cardinal Pell, who is soon to take up a new post as a financial overseer at the Vatican in Rome, will give further evidence at the Royal Commission, probably next week.

He is likely to questioned on the "Ellis defence" and asked how it is going to be set aside and what protocols will replace it, giving some justice and solace to the victims who suffered at the hands of church personnel.

The Royal Commission has already proven to be a vehicle for breaking the lonely isolation of victims, forcing institutions - from churches to charities and youth groups - to own their dark past and offer hope of recompense to those who have suffered so long.

For the Catholic Church to jettison something as perverse as the Ellis defence is a big step forward and again shows why this inquiry was so needed.

NO PLACE FOR RACISM IN LEAGUE

SOCIAL media can connect friends and act as a flash point for information and assistance in times of crisis. However, as much good as it can do, it is also a vehicle for anti-social behaviour, which is completely unacceptable.

That such abuse is often directed at high-profile individuals does not soften the damage done by the name-calling, as we have seen this week following abuse aimed at indigenous Broncos player Ben Barba, who was attacked online by a young rugby league player from the Wollongong area.

Brisbane recruit Ben Barba family's fury over racist slur from junior league player

It's not the first time Barba has been attacked and other Broncos players have endured similar hurt. As Barba's father Ken said, the NRL must be uncompromising in responding to this and offer the same leadership as the AFL did when its star player and Australian of the Year Adam Goode was abused at a game last year.

There's no place for racism of any kind in a game such as rugby league and those calling out names in public or using social media need to be identified, called out and punished.