SYDNEY (AUSTRALIA)
Catholic Weekly – Archdiocese of Sydney
April 20, 2020
By Fr Frank Brennan
Cardinal George Pell has been acquitted of all charges of child sexual abuse by Australia’s highest court – the High Court of Australia. In criminal cases, they usually sit only a bench of five judges. In Pell’s case, the full bench of seven sat. They knew the world was watching. They often write separate opinions. But in the case of Cardinal Pell they all put their name to one judgment. They unanimously upheld his appeal and in almost record time.
At the appeal, the Director of Public Prosecutions (DPP) for the State of Victoria where Pell was charged appeared in person. She submitted to the court that if the judges were minded to uphold the appeal, they should at least refer the matter back to the Victorian state court for final determination. All seven High Court judges described that submission with one word: ‘specious’. This highlights why the Pell trial needs some background legal context to be readily understood by readers who have not been closely following parliamentary inquiries, court cases and royal commissions in Victoria.
Readers need to understand that all is not well with the system of criminal justice in Victoria. Cardinal Pell has been a major casualty in this clash and decline of institutions. The unsuspecting complainant who brought the case against him has had to suffer untold additional trauma because of the shortcomings of the Victoria Police and the office of Public Prosecutions.
Some background is needed. In Victoria, there is a long running royal commission investigating how the Victoria Police came to enlist a defence barrister as a human source to inform on her own clients. In the area of criminal justice, the abuse of process does not get much worse. It’s estimated that this gross abuse by the Victoria police brings into question about 1300 convictions, including some of the most awful criminals in the state. One of the key persons with involvement in this perverse police operation was Graham Ashton who is now the Victorian Police Commissioner.
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