Australian court upholds sex abuse verdict of Cardinal Pell

By Rod McGuirk The Associated Press

5 years ago

FILE - In this Feb. 26, 2019, file photo, Cardinal George Pell arrives at the County Court in M ... — FILE – In this Feb. 26, 2019, file photo, Cardinal George Pell arrives at the County Court in Melbourne, Australia. Pell’s appeal against his convictions for child molestation was largely a question of who should the jury have believed, his accuser or a senior priest whose church role was likened to Pell’s bodyguard. Pell’s accuser was a 13-year-old choirboy when he alleged he was abused by then Melbourne Archbishop Pell at St. Patrick’s Cathedral in December 1996 and February 1997. The appeal court will give their verdict on Aug. 21. (AP Photo/Andy Brownbill, File)

Cardinal George Pell arrives at the Supreme Court in Melbourne, Australia, Wednesday, Aug. 21, 2019. (AP Photo/Andy Brownbill)

FILE – This Sept. 9, 2018, file photo shows the facade of St. Patrick’s Cathedral in Melbourne. Cardinal George Pell’s appeal against his convictions for child molestation was largely a question of who the jury should have believed, his accuser or a senior priest whose church role was likened to Pell’s bodyguard. Pell’s accuser was a 13-year-old choirboy when he alleged that he was abused by then-Melbourne Archbishop Pell at the city’s St. Patrick’s Cathedral in December 1996 and February 1997. (AP Photo/Rod McGuirk, File)

FILE – In this Sept. 9, 2018, file photo, pews line the shiny isle inside the St. Patrick’s Cathedral in Melbourne. Cardinal George Pell’s appeal against his convictions for child molestation was largely a question of who the jury should have believed, his accuser or a senior priest whose church role was likened to Pell’s bodyguard. Pell’s accuser was a 13-year-old choirboy when he alleged that he was abused by then-Melbourne Archbishop Pell at the city’s St. Patrick’s Cathedral in December 1996 and February 1997. (AP Photo/Rod McGuirk, File)

In this Feb. 26, 2019, photo, Cardinal George Pell leaves the County Court in Melbourne, Australia. Pell’s lawyers argued in his appeal that there were more than a dozen “solid obstacles” that should have prevented a jury from finding him guilty beyond a reasonable doubt of molesting two choirboys. The appeal court will give their verdict on Aug. 21. (AP Photo/Andy Brownbill)

MELBOURNE, Australia — An Australian appeals court Wednesday upheld convictions against Cardinal George Pell, the most senior Catholic to be found guilty of sexually abusing children. The decision brought cheers from scores of abuse survivors and victims’ advocates demonstrating outside court.

The Victoria state Court of Appeal in a 2-1 ruling rejected Pell’s appeal of a unanimous jury verdict in December that Pope Francis’ former finance minister was guilty of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral more than two decades ago.

Pell’s lawyers will examine the judgment and consider an appeal to the High Court, Australia’s final arbiter, his spokeswoman said in a statement.

“Cardinal Pell is obviously disappointed with the decision today,” the statement said, adding that he maintains his innocence.

He was sentenced to six years in prison in March and is no longer a member of Pope Francis’ council of cardinals or a Vatican official. Prime Minister Scott Morrison said soon after the appeal was rejected that Pell would be stripped of his Order of Australia honor.

Pell, 78, showed no emotion when Chief Justice Anne Ferguson read the verdict to a packed courtroom but bowed his head moments later. He wore a cleric’s collar but not his cardinal’s ring. Pell had arrived at the court in a prison van and was handcuffed as he was led away by a guard.

The Vatican is conducting its own investigation into sex abuse allegations against Pell and is expected to comment on the ruling later Wednesday.

Clerical sexual abuse and the Catholic church’s handling of such cases worldwide have thrown Francis’ papacy into turmoil.

In a little more than a year, the pope has acknowledged he made “grave errors” in Chile’s worst cover-up, Pell was convicted of abuse, a French cardinal was convicted of failing to report a pedophile, and a third cardinal, former U.S. church leader Theodore McCarrick, was defrocked after a Vatican investigation determined he molested children and adults.

Ferguson said she and President of the Court of Appeal Chris Maxwell “decided that it was open to the jury to be satisfied beyond reasonable doubt that Cardinal Pell was guilty.”

The two judges “accepted the prosecution’s submission that the complainant was a very compelling witness, clearly not a liar, was not a fantasist and was a witness of truth,” Ferguson said.

The dissenting judge, Justice Mark Weinberg, “could not exclude as a reasonable possibility that some of what the complainant said was concocted,” particularly in relation to the charge that Pell had squeezed the boy’s genitals and shoved him against a cathedral corridor wall as they passed in the midst of the choir moments after a Mass, she said.

“Justice Weinberg found that the complainant’s account of the second incident was entirely implausible and quite unconvincing,” Ferguson said.

One of the choirboys, identified by the sentencing judge as J.J., was the key prosecution witness. His friend, identified as M.R., died of a heroin overdose in 2014 at the age of 31 without ever complaining he had been abused. Neither victim can be named.

J.J. said in a statement on Wednesday that he “felt a responsibility to come forward” after attending his friend’s funeral.

“The criminal process has been stressful. The journey has taken me to places that, in my darkest moments, I feared I could not return from,” he said in a statement released by his lawyer.

“I am grateful for a legal system that everyone can believe in, where everybody is equal before the law and no one is above the law,” he added.

The victim said he was relieved by the verdict and: “I just hope that it’s all over now.”

The father of the deceased victim shed tears of relief in the courtroom when Pell’s appeal was denied, his lawyer said.

Lawyer Lisa Flynn said the father had an “extremely tough wait” for the judgment against Pell and the court made the correct decision. “The disgraced cardinal is in the right place behind bars.”

An earlier trial had ended with a deadlocked jury, with at least two jurors holding out for conviction or acquittal. While Pell’s lawyers argued in the appeal that the jury must have had reasonable doubt, the prosecutors said contrasting evidence from more than 20 priests, choristers, altar servers and church officials still did not preclude guilty verdicts.

The abuse occurred months after Pell became archbishop of Australia’s second-largest city and had set the world’s first compensation arrangement for victims of clergy sexual abuse.

The victim who testified said the incident in the corridor occurred in early 1997. The jury also concluded that Pell in late 1996 had orally raped the same choirboy and indecently dealt with the boy and his friend in a rear room of the cathedral after catching them swigging altar wine.

Pell did not testify at either of his trials. But both juries saw a video of a police interview of him in Rome in 2016 in which Pell rejected the allegations as “absolutely disgraceful rubbish” and a “deranged falsehood.”

Ferguson read a summary of the three judges’ findings. The 325-page ruling was published later Wednesday.

When sentencing Pell to six years in prison in March, the trial judge accused Pell of showing “staggering arrogance” in his crimes.

He was ordered to serve a minimum of 3 years and 8 months before he will be eligible for parole.