Cardinal Pell's lawyers want access to his accusers' medical records

The Guardian
February 09, 2018

https://www.theguardian.com/australia-news/2018/feb/09/cardinal-pells-lawyers-want-access-to-his-accusers-medical-records

Cardinal Pell’s legal team argued the particular features of the case warrant access to the information, including that it involved a high-profile person. Photo by Joel Carrett

Pell’s legal team denies their request for access to records of those who have accused the Cardinal of sexual offences is a “fishing expedition”

Cardinal George Pell’s lawyers want access to the medical records of people who have accused him of sexual offences, denying it is “a fishing expedition”.

Prosecutors oppose the defence application for access to the complainants’ treatment information.

The crown Prosecutor Mark Gibson SC said there was no substantial probative value in the material being provided.

“It’s tantamount to a fishing expedition rather than having a legitimate forensic purpose,” Gibson told Melbourne magistrates court on Friday.

The defence application came three weeks before a hearing that will determine if Australia’s most senior Catholic stands trial on historical sexual offence charges.

Defence barrister Ruth Shann argued the particular features of Pell’s case warrant access to the information, including that it involved a high-profile person.

“This is not one of those fishing expeditions,” Shann said.

Shann said the issue of the timing of a person making their first disclosure alleging a sexual assault was of particular significance.

“We know from the material that we have, that around the time of the complaints first being made, that there are treatments.”

The magistrate, Belinda Wallington, has yet to rule on the application for information from medical providers and whether the communications and records are deemed confidential.

Friday’s court mention was an administrative update about subpoenas from Pell’s legal team seeking information and documents from a number of legal firms and health providers.

The defence barrister Robert Richter QC said they will also be seeking to issue subpoenas to the complainants, but wants the prosecution or Legal Aid to handle the actual service of the notices.

Pell, the highest-ranking Catholic official to be charged with sexual abuse, wasn’t in court on Friday but is due to face a four-week committal hearing beginning on 5 March.

The 76-year-old denies the charges, which involve multiple complainants.

The former Sydney and Melbourne archbishop and Ballarat priest has taken leave from his position as Vatican treasurer to fight the charges. The case will return to court on Wednesday for a further administrative mention.