George Pell Appeal: Prosecution Shifts Ground on Vital Minutes; Pell Lawyers Say Appeals Court Adopted ‘piecemeal Approach’

The Australian
March 12, 2020

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High Court delays final verdict

The High Court will weigh whether to acquit George Pell of child sex abuse after the prosecution dramatically shifted its position on key evidence on Thursday.

Bret Walker SC for Pell on Wednesday submitted that Pell, 78, be acquitted of molesting two choirboys in 1996 and 1997.

In a dramatic day, Victorian Director of Public Prosecutions Kerry Judd QC shifted position on the timeframe for when Pell could have molested the boys in St Patrick’s Cathedral in Melbourne.

Instead of arguing that there was a five to six minute window of opportunity for offending, Ms Judd said it could not be stated for certain how long the private prayer time lasted that, according to the prosecution case, ultimately created the chance for the cardinal to strike.

Melbourne University law professor Jeremy Gans said the second day in the High Court had been a “good day for Pell’’ and there was a chance the Pell may be acquitted.

It is also possible the case will be referred back to the Victorian Court of Appeal.

The High Court rose late yesterday to consider the appeal, with special leave yet to be formally granted.

It appears to be a mere formality that the appeal will be formally heard.

Ms Judd on Thursday abandoned the prosecution’s previous position over the amount of time that private prayer was held after Solemn Mass.

She said the five to six minutes of private prayer time may now have been longer, depending on what unfolded in the cathedral on the day.

The private prayer had occurred after the procession started to leave the church, the High Court was told.

The altar servers did not start clearing the altar for several minutes after mass ended to give parishioners time for private prayer to be conducted.

On the amount of time allowed for private prayer, Ms Judd said: “They are approximate times. It was not a precise five or six minutes.’’