The Vatican reiterated “its trust in the Australian justice system” after the decision by Australia’s High Court to refer Cardinal George Pell’s request to appeal his conviction of the sexual abuse of two choir boys some 20 years ago to the full bench of five or seven judges.
In a statement to the media on Nov. 13, the director of the Vatican Press Office, Matteo Bruni, said, “The Holy See acknowledges the decision of Australia’s High Court to accept Card. George Pell’s request of appeal, aware that the cardinal has always maintained his innocence.”
He added, “At this time, the Holy See reaffirms once again its closeness to those who have suffered because of sexual abuse on the part of members of the clergy.” One of the two choirboys had died before charges were brought against the cardinal, and today Lisa Flynn, a lawyer for the father of the deceased victim, told Australian media her client was “gutted” by the decision but remained hopeful.
“The Holy See acknowledges the decision of Australia’s High Court to accept Card. George Pell’s request of appeal, aware that the cardinal has always maintained his innocence.”
Cardinal Pell’s lawyers had submitted the application to appeal to the High Court following last August’s 2-1 decision by three judges of the Court of Appeals to reject a request to overturn his conviction. The cardinal’s attorneys argued that the case for reasonable doubt was strong and that the two judges who rejected his appeal had adopted an erroneous judicial method.
The cardinal was first convicted by the unanimous verdict of a jury in December 2018 and then sentenced by a judge last March to six years in prison with the possibility of parole after serving three years and eight months behind bars. The cardinal is now in solitary confinement at the Melbourne Assessment Prison, and unless the High Court overturns his conviction, he will remain there until October 2022 when he would be eligible for parole.
As is normal practice, two judges of the High Court considered his application to appeal to Australia’s highest court and this morning announced they had decided to refer the case to the court’s full bench of seven judges. According to Australian media, the seven judges of the High Court will first have to decide whether to accept the application and, if they agree to do so, will only then consider the substance of the appeal and in due course issue their verdict.
According to The Age, an Australian daily, “Wednesday’s decision is a part win for the cardinal: he has not won the right to appeal, but two judges of the High Court ruled the matter should be considered by the full bench.” It said his lawyers “will now need to prepare for a hearing before seven judges. In that hearing, the High Court can reject Pell’s leave to appeal, or it can allow the appeal to proceed. If an appeal is permitted, the court would likely hear the appeal arguments on the same day.” It asserted that the hearing will take place after March 4, presumably referring to the holiday period.
It reported that after today’s decision, Cardinal Pell’s lawyers held a meeting with him at the Melbourne Assessment Prison. It said, “Cardinal Pell is now able—in principle at least—to apply for bail, although it is understood that he won’t at this stage.”
Professor Jeremy Gans, of Melbourne University, commenting on Twitter, explained that today’s decision means “the court has not yet decided that the case is actually worth deciding, just that it’s worth hearing.’’
Archbishop Mark Coleridge, the president of the Australian Catholic Bishops Conference, issued a statement after the High Court’s decision. He said, “All Australians have the right to appeal a conviction to the High Court. Cardinal George Pell has exercised that right, and the High Court has determined that his conviction warrants its consideration.”
He added, “This will prolong what has been a lengthy and difficult process, but we can only hope that the appeal will be heard as soon as reasonably possible and that the High Court’s judgement will bring clarity and a resolution for all.”
According to Vatican News, “a date for this final appeal hearing to Australia's High Court has not yet been set.... However, this will be Cardinal Pell’s last opportunity to appeal the conviction.”
