Pell's Application to Appear at Royal Commission Via Video Link Denied

ABC
December 11, 2015

http://www.abc.net.au/pm/content/2015/s4370557.htm

TIM PALMER: The child sex abuse Royal Commission which has denied a request from Cardinal George Pell to give his much anticipated evidence via video link from Rome rather than in person next week.

Lawyers for the Cardinal made the bombshell application at the hearing today, on the grounds of the Cardinal's ill health.

That prompted laughter from abuse survivors and their supporters in the hearing room.

They've welcomed the commission's insistence George Pell appear in person.

Samantha Donovan reports.

SAMANTHA DONOVAN: Cardinal George Pell had been due to appear before the royal commission in Melbourne next week.

He was expected to be in the witness box for about three days.

But this afternoon, his lawyer Allan Myers QC applied for him to give evidence via video link from Rome.

ALLAN MYERS: The grounds of the application are based upon the health of Cardinal Pell.

(Laughing)

SAMANTHA DONOVAN: Mr Myers, one of Australia's highest paid QCs, told the commission Cardinal Pell's flight had been confirmed but his health problems have been exacerbated recently.

ALLAN MYERS: Cardinal Pell deeply regrets this.

(Laughing)

ALLAN MYERS: ...And has been preparing himself for this journey for some time. But the circumstances in which he finds himself are the circumstances that exist now and he doesn't wish to delay the hearing of his evidence before the commission, he wishes it to be received properly, in the ordinary course that's been organised by the commission.

And our suggestion would be that if it can be so arranged that that evidence be received on the 16th as it was going to be received if he were here in person.

SAMANTHA DONOVAN: The royal commission chairman Peter McClellan asked Mr Myers to tender evidence of Cardinal Pell's health problems and agreed to keep the details confidential.

He said the Cardinal had made it clear to him in May that he was prepared to appear in person and he requested that he do so.

Justice McClellan rejected Cardinal Pell's application to give evidence via video link.

PETER MCCLELLAN: The commissioners understand the nature of the Cardinals health issues and would not wish to take any step which might exacerbate them.

However given the complexity of the issues involved and the fact that there are two case studies presently before the commission covering an extensive period of time, coupled with the technical difficulties in Rome of the previous video evidence when the Cardinal was in Rome, it is preferable that his evidence be given in person in Australia.

SAMANTHA DONOVAN: The royal commission had already planned to sit in Ballarat in February to continue hearing evidence about the church's handling of abuse in that diocese.

Justice McClellan.

PETER MCCLELLAN: In the hope that the Cardinal's health will improve, rather than take video evidence this week we will differ his evidence to the Ballarat sitting in both the Ballarat and Melbourne case studies.

If the Cardinal's health has not sufficiently improved by then to enable him to travel, we will further consider the position, which may include further delaying his evidence to a date when he can travel safely to Australia.

(Applause)

SAMANTHA DONOVAN: Stephen Woods is a survivor of clerical sexual abuse in Ballarat and was in the hearing room today as the application was made.

STEPHEN WOODS: We are absolutely disgusted by it. As you heard there was an outcry in the royal commission chambers today. Every single victim was just appalled that he would try such an old, old trick in the book to get out of being held accountable.

Okay yes, if he's got blood pressure problems, then deal with it. I mean lots of people fly with blood pressure. Victims have come from all over the world to Ballarat and to Melbourne to have their evidence heard.

So the fact that he is now going to come back next year good. And if it is in Ballarat, that's even better because that's where all the crimes and the cover-ups happened.

SAMANTHA DONOVAN: Stephen Woods says he was impressed with Justice McClellan's insistence Cardinal Pell return to Australia to give evidence.

STEPHEN WOODS: Oh very pleased, we were all very pleased because it is quite obvious that when you hear so much evidence for so long, that you know that an institution and or institutions need to be held accountable.

And it was wonderful for us victims to hear that Justice McClellan say we will wait and he will have to come. We felt great, fantastic, that victims are finally getting a bit more justice, it's another step on the road to some sort of healing.

SAMANTHA DONOVAN: A statement released by Cardinal Pell’s Rome office this afternoon says he’d reluctantly applied to give evidence via video link, and that until the middle of this week, had been determined to give evidence in person.

The statement says the Cardinal has suffered from a heart condition for some time, but his symptoms have recently worsened, with a cardiologist in Rome advising only a few days ago that it wasn’t safe for him to take long haul flights.

The statement says Cardinal Pell realises there’ll be some who’ll question his decision to remain in Rome, but it would be unwise for him not to heed medical advice.

The royal commission hearings will continue in Melbourne on Monday.

TIM PALMER: Samantha Donovan.