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Witness J, Former Choirboy Who Accused George Pell, Says Case "Does Not Define Me"

ABC
April 8, 2020

https://www.abc.net.au/news/2020-04-08/george-pell-accuser-witness-j-reacts-to-high-court-judgment/12130684

The former choirboy who accused George Pell of abusing him in the 1990s says he hopes the High Court's unanimous acquittal of the Cardinal does not discourage survivors from reporting abuse.

The man, known as Witness J, was one of two choirboys Cardinal Pell was convicted of sexually abusing.

The High Court of Australia on Tuesday quashed Cardinal Pell's child sexual abuse convictions, granting Cardinal Pell's application for special leave and unanimously acquitting him.

The 78-year-old was freed from Barwon Prison Tuesday afternoon, and taken to a Catholic Church property in Melbourne's inner east.

He was driven out of the property on Wednesday in the back of a black SUV and spent the day driving from Melbourne to Sydney.

The car made a stop at a petrol station on the Hume Freeway where Cardinal Pell was filmed by Channel Seven.

"I'm sorry I'm not dressed a bit better but I didn't expect this," he said, referring to his outfit of a collared shirt and cardigan.

Late on Wednesday evening, Cardinal Pell arrived at the Seminary of the Good Shepherd, in the Sydney suburb of Homebush, accompanied by a police escort.

The Cardinal has lived at the seminary before, including in the lead up to his committal trial in 2018.

It is unclear if the seminary will be his permanent home, but the Cardinal lived in Sydney for 13 years as the archbishop before being appointed to his role in Rome overseeing the Vatican's finances in 2014.

Cardinal Pell had been serving a six-year jail sentence after being convicted in 2018 of abusing two choirboys in the 1990s, while he was the archbishop of Melbourne.

His lawyers argued in the High Court that the Victorian Court of Appeal failed to take proper account of evidence that cast doubt on his guilt.

The High Court's unanimous decision was handed down less than a month after it heard two days of intense legal arguments from the Cardinal's lawyers and Victorian prosecutors.

PHOTO: Cardinal George Pell was freed from prison yesterday after the High Court unanimously quashed his convictions. (AAP: James Ross)

'The darkness is never far away'

In a statement issued this morning, Witness J said he respected and accepted the court's decision and thanked police for their work.

I respect the decision of the High Court. I accept the outcome.

I understand their view that there was not enough evidence to satisfy the court beyond all reasonable doubt that the offending occurred.

I understand that the High Court is saying that the prosecution did not make out the case to the required standards of proof.

There are a lot of checks and balances in the criminal justice system and the appeal process is one of them. I respect that.

It is difficult in child sexual abuse matters to satisfy a criminal court that the offending has occurred beyond the shadow of a doubt.

It is a very high standard to meet — a heavy burden.

I understand why criminal cases must be proven beyond all reasonable doubt.

No-one wants to live in a society where people can be imprisoned without due and proper process.

This is a basic civil liberty. But the price we pay for weighting the system in favour of the accused is that many sexual offences against children go unpunished.

That's why it remains important that everyone who can report to the police does so.

I would hate to think that one outcome of this case is that people are discouraged from reporting to the police.

I would like to reassure child sexual abuse survivors that most people recognise the truth when they hear it.

They know the truth when they look it in the face. I am content with that.

I would like to thank the police and the Office of Public Prosecutions for their work. I have felt well supported through this journey.

My journey has been long and I am relieved it is over. I have my ups and downs. The darkness is never far away.

Despite the stress of the legal process and public controversy I have tried hard to keep myself together. I am OK. I hope that everyone who has followed this case is OK.

I thank the media for respecting my privacy and for continuing to protect my identity. This has allowed me to stay on track with my recovery and wellbeing.

This case does not define me. I am a man who came forward for my friend who, sadly, is no longer with us.

I am a man doing my best to be a loving dad, partner, son, brother and friend.

I am doing my best to find and hold joy in my life and to provide a safe and loving home for my family.

PHOTO: The man known as Witness J was a member of the choir at Melbourne's St Patrick's Cathedral in the 1990s. (ABC News: Danielle Bonica)

Witness J's lawyer Vivian Waller told ABC News Breakfast this morning that it had been "a very long journey" for her client.

"He is disappointed but respectful and relieved it is all over. He is experiencing some relief that the process has come to an end but he is also very respectful of the High Court and he accepts the decision," she said.

Dr Waller said the case against Cardinal Pell had "taken on a very symbolic significance" for survivors of child sexual abuse.

"I have spent quite a bit of time speaking to survivors and their families and I know that, for a lot of people, the acquittal can feel gut wrenching and these things can be quite triggering for people who have endured sexual abuse in their childhoods.

"I know that some people are doing it very tough at the moment."

Dr Waller said she agreed with former prime minister and chair of mental health charity Beyond Blue Julia Gillard, who published a video statement on Tuesday acknowledging that coronavirus had made it difficult for people to come together and comfort each other.

Dr Waller acknowledged Cardinal Pell's acquittal may lead some people to lose faith in the legal system.

But she encouraged survivors to remember there had been many successful criminal prosecutions against the Catholic clergy in Victoria.

"Too long a list to go through this morning but behind each conviction is a survivor who had the courage to come forward and to report to the police.

"My message to survivors is please do not lose heart."

PHOTO: Vivian Waller represents witness J and said he was "disappointed but respectful" of the court's decision. (Supplied.)

She said she hoped victims would still feel encouraged to come forward.

"The police have no chance of advancing prosecutions unless members of the community come and report to them."

Chief executive of the Australian Catholic Church's Truth, Justice and Healing Council Francis Sullivan said the court's decision could lead people to "think twice" about coming forward.

"It's a hard thing to do to come forward, to talk about being sexually abused in the first place," he said.

"It's very complex. Child sexual abuse is an act that's usually performed in secret.

"Normally there's only two people who know. Finding other evidence is very difficult.

"A lot of people shake their heads and say it's not going to be worth it for me to go through. This type of result will deter people, yes."

Overnight graffiti was scrawled on St Patrick's Cathedral.

The Archbishop of Melbourne, Peter Comensoli, told 3AW he was distressed but not surprised about the vandalism.

"There remains such strong emotions around this so I'm not surprised it happened," he said.

PHOTO: The cathedral doors and gates were spray-painted with obscenities and offensive images. (ABC News: Chris Le Page)

Archbishop Comensoli said he was "relieved" that the legal system had acquitted Cardinal Pell.

"But at the same time, I had a sense of … my heart went out to [Witness] J and his family," he said.

He acknowledged the case had been seen as "emblematic" of the wider issues within the church which victims of abuse had been "carrying in their hearts".

"I think there is a need to continue to work with those who are victims of sexual abuse, to reach out to them now in processes that are appropriate," he said.

PHOTO: Ribbons supporting victims of child sexual abuse were attached to the gate at the monastery where George Pell spent his first night outside of jail. (ABC News: Simon Tucci)

Timeline of events in Cardinal Pell's case:

2015: A former choirboy alleges to Victoria Police he and another boy were sexually abused by George Pell in the 1990s, shortly after he became archbishop of Melbourne

February, 2016: The Herald Sun newspaper reveals a Victoria Police taskforce is investigating Cardinal Pell for historical child sexual abuse, the first time the investigation is made public

October, 2016: Detectives question Cardinal Pell in Rome about a number of allegations. The Cardinal denies any wrongdoing

June 29, 2017: Cardinal Pell is charged with historical child sexual abuse offences. He says he is looking forward to his day in court

June 29, 2017: The Pope grants Cardinal Pell leave to return to Australia to fight the charges

May 1, 2018: Cardinal Pell pleads not guilty after being committed to stand trial for historical sexual offences. The most serious of the charges against him are struck out

August 15, 2018: A trial into the allegations Cardinal Pell abused two choirboys when he was archbishop of Melbourne in the 1990s begins at the County Court of Victoria

September 20, 2018: The jury is unable to reach a verdict and is discharged

November 7, 2018: A second trial begins

December 11, 2018: A jury finds Cardinal Pell guilty of one count of sexual penetration of a child under the age of 16 and four counts of committing an indecent act with, or in the presence of, a child. A suppression order banning all reporting on the trial is in place until the delivery of a verdict in another case

February, 2019: The other case, relating to separate historic sex offence allegations, is dropped by Victoria's Director of Public Prosecutions

February 26, 2019: The suppression order is lifted and the guilty verdict is made public

March 13, 2019: The County Court of Victoria sentences Cardinal Pell to six years' jail, with a non-parole period of three years and eight months

June 5 - June 6, 2019: The Victorian Court of Appeal hears two days of legal argument as Cardinal Pell appeals against his convictions on three grounds

August 21, 2019: The Victorian Court of Appeal unanimously rejects two of the grounds for appeal, and a 2-1 decision rejects the third ground. Cardinal Pell's convictions are upheld

March 10 - March 11, 2020: The full bench of the High Court of Australia hears two days of legal argument from Cardinal Pell's legal team and Victorian prosecutors. The court reserves its decision

April 7, 2020: The High Court of Australia delivers its decision in Brisbane, quashing Cardinal Pell's convictions. He is freed from prison

 

 

 

 

 




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