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Australia’s disgraced cardinal: paradoxes, ironies and martyrdom?

By Murray Hunter - posted Wednesday, 27 March 2019


Sheridan went on to testify that the investigation went on for more than a year before any complainants came forward. The initial brief on charging Pell for child abuse was rejected in late 2016 by the Director of Public Prosecutions.

When charges were at last made in 2017, 21 of 26 were dropped, with only five going to trial. A second set of charges relating to alleged incidents at a swimming pool were all been dropped due to lack of evidence. Robert Richter, Pell's barrister, during committal hearings suggested that this was a '"get Pell operation," suggesting the force's young Turks wanted to overturn any influence from the old Catholic guard. Staunch Catholic media commentator and political analyst George Weigel believes a group within the Vatican wanted to get rid of Pell.

Others within the community were angry that those protesting Pell's innocence showed a total disregard to victims of crimes perpetrated by members of the clergy.

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As uncorroborated evidence is allowed in child sex abuse cases, the issue for the jury was whether they believed testimony of the complainant over any defense put forward. The defense for instance presented a witness, Monsignor Charles Pontellid, who testified under oath that Cardinal Pell was with him the whole time of the alleged offense while at St. Patrick's Cathedral, with a number of corroborative witnesses.

One of the issues to contend with in cases where there is a long time lapse between the abuse and trial, is the phenomenon of corrupted memory. Research has shown that trauma, and outside influences such as the media can result in an objectively false memory which the person strongly believes has occurred.

There is much evidence to support this hypothesis. The long passage of time can bring memory decay, and a person acquiring new information can develop memory distortion. An analysis of police interviews has shown that too many closed-ended questions, frequent interruption of a witness, and predetermined questions can lead to false recollections in criminal investigations.

Some commentators claimed that Pell nor any priest could get a fair trial by jury, which is mandatory in Victoria, due to media sensationalism, with what has been likened to a kangaroo court in church-sponsored media. In the wake of criticism the court was receiving from certain sections of the media, a recording of the initial Pell interview in Rome on Oct. 16, 2017, before he was charged, was released to the public. This interview clearly showed Pell's reaction to hearing the charges. In addition, Chief County Court Judge Kidd allowed the sentence to be broadcast live on national television and radio for the first time in the court's history.

Kidd's summary and description of the indecent acts and sexual penetration shocked many and brought a dark and sordid reality to the verdict. His explanation of the methodology of sentencing brought some respect back to the court.

The trial was extremely risky on the part of the prosecution to run with, especially with the first mistrial. The public may never become enlightened about the true motivation of the police. The appeal before a judge will have immense consequences for the integrity of the court, the ability of the legal system to deal with priests charged with child abuse, the Catholic Church internationally, and Pell himself.

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The centerpiece of the appeal will be whether it was possible for the act to have physically occurred. The test here for the appellate judges is whether the crimes occurred beyond a reasonable doubt. This may lead to the judges re-examining the weight of testimonies that the jury had to consider.

Several legal opinions state that Pell has a good chance of winning an appeal. Just two days after his sentencing, John Francis Tyrrell, a former Christian Brother convicted of 10 charges of sexual assault against minors, was acquitted on appeal, and is now a free man. Former Catholic Archbishop Philip Wilson, who was convicted for concealing child sexual abuse, was also acquitted of all charges on appeal last December.

If Pell loses the appeal, the hypocrisy of his life will totally discredit not only him but the whole Catholic Church. Victims will be consoled, and the church may be able to go through a renaissance, throwing away many conservative ideas that have been tainted with lies. He will have to serve his sentence and will most likely sink into deep depression. Pell will have not only destroyed himself but the church he sought so much to protect.

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This article was first published by Asian Sentinel.



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About the Author

Murray Hunter is an associate professor at the University Malaysia Perlis. He blogs at Murray Hunter.

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