Day Two of Cardinal George Pell’s Appeal against Conviction Gives Crown Right of Reply
By Rohan Smith
Of the two boys Pell is said to have abused, only one gave evidence. The other died in 2014 having never reported the alleged abuse to police or to his family. “The complainant was a very compelling witness,” Mr Boyce said, referring to the man now in his 30s. “He was clearly not a liar, not a fantasist. He was a witness of truth.” He went a step further, telling the court the witness’s evidence was so compelling that it was difficult to imagine an alternative scenario. “There’s a visceral nature to this complainant’s evidence that makes one stand back and pay attention and look carefully,” he said. Mr Boyce was asked why the two victims never talked about what happened to them. He said it was likely that neither boy wanted to revisit their trauma. “It’s embarrassing. It’s so incredibly embarrassing. Do you really want to talk to your friend about it?” The 77-year-old convicted sex offender appeared in public for the first time yesterday since he was jailed for six years in March. He sat in the dock at the Victorian Supreme Court dressed in black, wearing his clerical collar and taking pages of notes as his lawyer Bret Walker SC argued on his behalf that a jury should not have found him guilty beyond reasonable doubt. One of the key arguments outlined inside court yesterday was that Pell had an alibi. Mr Walker claimed Pell always spent time with congregants after mass when the alleged attacks are said to have taken place — on December 15 or December 22, 1996. “In order for the offending to have occurred, it must’ve happened right after mass,” he said.
He added that “the archbishop was nowhere near the sacristy in the 10 minutes” after mass and that he was “as good as being across the Tasman”. “If he was at the western door then the law of physics means this is literally and logically impossible for the offending to have occurred,” he said. Mr Walker also argued it was impossible for Pell to have manoeuvred the full robes he was wearing in order to sexually abuse the boys. He said the evidence that Pell had “lifted up” or “moved aside” the robes was not possible because of the ways the layers overlap. He said the garments were so complex that those wearing don’t even attempt to use the toilet. Mr Walker also spent time questioning why only one of Pell’s victims had given evidence. But the boy’s father hit back through his lawyer. In a statement, Shine Lawyers abuse law expert Lisa Flynn said Mr Walker’s argument holds little weight. “The argument we are hearing again today about our client’s son not telling anyone what Pell did to him holds little persuasion,” she said. “Having represented thousands of sex abuse victims, I can tell you that it is not uncommon for victims to wait decades before opening up about what happened to them, a lot even take it to their grave.”
She added that the Royal Commission into Institutional Responses to Child Sexual Abuse made clear that this is typical behaviour for sexual abuse victims who are often “riddled with feelings of shame and humiliation”. “It is not unusual to deny abuse, particularly to parents,” she said. “Many survivors find it impossible to tell their parents, their beloved mum or dad. “Sexual abuse victims commonly come forward to report abuse after their parents have passed away as they could not bear to see the devastating impact this would have on their parents.” The three appeal judges — Justice Anne Ferguson, Justice Chris Maxwell and Justice Mark Weinberg — adjourned proceeding about 4.15pm and reserved their judgment. They will likely deliberate for several weeks before returning with a decision. If Pell fails in his attempt to have his conviction overturned, he is likely to take the case to the High Court. If you or anyone you know needs help, Lifeline is available on 13 11 14.
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