George Pell appeals over 'fundamental irregularity' in his sexual abuse trial

The Guardian
March 02, 2019

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Cardinal George Pell is appealing his conviction for child sexual abuse. Photo by Michael Dodge

Cardinal to argue his conviction should be overturned or he should receive retrial

George Pell is arguing his child sexual abuse convictions should be overturned or he should receive a retrial, because of a “fundamental irregularity” that prevented him from entering a not-guilty plea in front of his jury.

The Victorian court of appeal has released Pell’s grounds for appeal against his December conviction for sexually abusing two 13-year-old choirboys at St Patrick’s Cathedral in Melbourne in December 1996 and early 1997, when he was the archbishop.

“There was a fundamental irregularity in the trial process, because the accused was not arraigned in the presence of the jury panel as required,” the appeal, filed by Pell’s barrister, Robert Richter QC, reads.

It is one of three grounds for his appeal that were filed on 21 February.

Pell also takes aim at the reliance of the jury on only one victim’s evidence.

“The verdicts are unreasonable and cannot be supported, having regard to the evidence, because on the whole of the evidence, including unchallenged exculpatory evidence from more than 20 crown witnesses, it was not open to the jury to be satisfied beyond reasonable doubt on the word of the complainant alone,” his first appeal ground says.

If the court of appeal accepts that, it could dismiss the case.

He also argues the county court chief judge, Peter Kidd, erred in preventing the defence from using a “moving visual representation” of its argument in Richter’s closing address, which purported to show the events were impossible.

Prosecutors objected to the visual, and the judge ruled it out on the grounds that jurors might view the video as evidence and fact, and new evidence is not allowed to be introduced during a closing address.

Pell, who is in custody, is expected to pursue the appeal after he is sentenced on 13 March.

As he adjusts to jail life, the interview exposing the allegations of his offending against the two boys has been released.

The footage, played to jurors who convicted Pell of five charges in December, marked the first time he heard the detailed complaints, which he passed off as a “product of fantasy”.

Cross-armed and shaking his head, he told Det Sgt Christopher Reed to “stop it” as he read a victim’s recollection of Pell exposing his penis from beneath his ceremonial robes.

“What a load of absolute and disgraceful rubbish. Completely false. Madness,” he declared.

When the physical acts he committed on the boys were described to him – as told to police in 2015 by the surviving victim a year after the death of the second victim – he again denied it.

“What a load of garbage and falsehood, and deranged falsehood,” Pell said.