Royal Commission: Pell Instructed Lawyers to Fight Ellis Claim "Tooth and Nail"

Sydney Morning Herald
March 22, 2014

http://www.smh.com.au/national/royal-commission-pell-instructed-lawyers-to-fight-ellis-claim-tooth-and-nail-20140321-358ts.html#ixzz2we0Q20XA

"Tooth and nail" approach: George Pell. Photo: Reuters

The Catholic Church's insurer insisted on being "kept in the loop" in the John Ellis case after lawyers expressed concern at Cardinal George Pell's "tooth and nail" approach, according to evidence at the child sex abuse royal commission.

Peter Rush, then general manager of Catholic Church Insurance Ltd, complained to the business manager of the Sydney Archdiocese about being "kept out of the loop" in the case and warned this could jeopardise the church's insurance, the commission heard.

Cardinal Pell will give evidence on Monday. His testimony is eagerly anticipated after two weeks of hearings in which commission chairman Justice Peter McClellan has sought to establish Cardinal Pell's role in the church's treatment of Mr Ellis, which the commission has been told caused him harm and suffering.

The questions put to Cardinal Pell's private secretary of more than 10 years, Dr Michael Casey, may be a guide to what the Cardinal can expect on Monday. The "conduit to the Cardinal", who handles all his correspondence, admitted the church failed in its moral responsibility to Mr Ellis and his own handling of Mr Ellis's case lacked compassion.

Dr Casey testified that it was his job to convey instructions to the church's lawyers, Corrs Chambers Westgarth, but the instructions came from Cardinal Pell.

"The general instructions were to vigorously defend the claim and to defeat the litigation, is that right?" asked Gail Furness SC for the commission.

"Yes", Dr Casey replied.

Dr Casey agreed a "contrived" strategy to dispute at court whether the abuse had even occurred was arrived at after Cardinal Pell asked him to check that the church's own investigator had verified Mr Ellis' allegations.

Dr Casey said he and Cardinal Pell discussed a psychiatrist's report in December 2006 stating Mr Ellis was "traumatised" and "extremely vulnerable emotionally and psychologically". An email from Dr Casey shows that in May 2008 Cardinal Pell approved the pursuit of Mr Ellis for costs, but wanted to "avoid any negative publicity associated with causing Ellis to go bankrupt or causing him to experience an exacerbation of his psychiatric condition".

Mr Ellis was a successful lawyer and partner with international law firm Baker & McKenzie when his life collapsed as he began coming to terms with his years of sexual abuse. His failed damages case against the church insulated it against further victims' claims.

At a 2009 meeting Cardinal Pell told him the church's move from mediation to vigorous pursuit of his case was "unfathomable", Mr Ellis said.

After this meeting the church waived its claims for costs. It finished up spending $1.5 million on Mr Ellis's case, including $568,000 in ex gratia payments to him.