The word is George Pell will walk free … but first the high court must have its say

AUSTRALIA
The Guardian

March 9, 2020

By David Marr

On Wednesday the court sits to decide Pell’s fate. Legal argument will be dense, but watchers of the case think he may yet be acquitted

The word around the bars is: George Pell will walk free. These barristers don’t have a heads up. They’re only talking among themselves. But those who have followed this prosecution as it has made its slow and dramatic way to the high court must face the possibility that the cardinal is about to be acquitted.

Historic child sex assaults make difficult cases. The facts are frequently bizarre. So often there is no corroborating evidence and the word of the accuser is simply pitted against the denials of the accused. These trials test the criminal law.

But Pell’s accuser was undoubtedly convincing. We will never know everything he had to say about events at St Patrick’s Cathedral in late 1996 and early 1997 – he gave all his evidence in camera – but we do know that after convincing the police and prosecution authorities in Victoria, he convinced a jury and then two out of three judges of the court of appeal that Pell raped him.

Pell’s lawyers disagree, of course, but acknowledge how compelling the unknown young man’s evidence has been. Indeed, it’s the lynchpin of their case. Pell’s counsel, Bret Walker SC, argues the jury and the court of appeal were so swept away by the cardinal’s accuser – by his testimony and his demeanour in the witness box – that they downplayed the evidence in Pell’s favour.

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