Bulletins

September 1, 2019

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"Cardinal Pell to appeal to Australian High Court"

The labor of Ed Condon, DC Bureau Chief at Catholic News Agency, is worth quoting in part:

Cardinal George Pell will appeal his conviction to the Australian High Court, following the decision last week by the Court of Appeal in Victoria to uphold his conviction for child sexual abuse.

Sources close to the cardinal told CNA Aug. 26 that Pell would be exercising his final appeal and that, while the majority of “special leave to appeal” cases were not granted by the High Court, his case would likely be accepted given the controversy triggered by the split decision of the Appeal Court judgement.

In seeking to take his case to the High Court in Canberra, Australia’s supreme court, Pell will be exercising his last legal avenue to overturn a conviction which has divided opinion in the country and internationally...

Pell’s appeal was presented on three grounds, two of which were procedural and dismissed by all three appeal judges. The judges were divided on Pell’s primary ground of appeal, that the decision of the jury was “unreasonable.” At particular issue was the question of whether the jury which convicted Pell had properly weighed all of the evidence presented in his defense, or reached the determination of guilt despite the demonstration of clear “reasonable doubt” that he committed the crimes with which he was charged.

Chief Justice Anne Ferguson and Court President Chris Maxwell formed the majority in favor of rejecting Pell’s appeal that the jury verdict was unreasonable on the evidence presented, finding that it was open to the jury to find beyond “reasonable doubt about the truth of the complainant's account.”

In an extensive dissent from the majority finding, Justice Mark Weinberg noted that the entirety of the evidence against Pell consisted of the testimony of a single accuser, whereas more than 20 witnesses were produced to testify against his narrative. “Even the ‘reasonable possibility’ that what the witnesses who testified to these matters may have been true must inevitably have led to an acquittal,” Weinberg wrote, concluding that Pell had, in effect, been asked to establish the “impossibility” of his guilt and not merely reasonable doubt. All three judges granted further leave to appeal on the ground of the unreasonableness of the jury’s conviction.

Pray for the Church in Australia!

Fr. Christopher J. Pollard

“Jesus Christ is the same yesterday and today and forever.” (Heb 13,8)