Reports of Pell guilty verdict emerge, despite gag order

Washington D.C., Dec 12, 2018 / 10:48 am

Cardinal George Pell has been convicted by an Australian court on charges of sexual abuse of minors, according to media reports and CNA sources close to the cardinal.

A judicial gag order has restricted Australian media coverage of the trial since June.

Despite the gag order, a story published Dec. 11 on the Daily Beast website first reported that a unanimous verdict of guilty had been returned by a jury on charges that Pell sexually abused two altar servers in the late 1990s, while he was Archbishop of Melbourne.

The verdict reportedly followed three days of deliberations by the jury - the second to hear the case. An earlier hearing of the case is reported to have ended in early autumn with a mistrial, after jurors were unable to reach a verdict.

In October, two sources close to Cardinal Pell, members of neither his legal team nor the Catholic hierarchy in Australia, told CNA that the first hearing of the case had ended in a mistrial due to a jury stalemate. Multiples sources also told CNA that jury was deadlocked 10-2 in favor of Pell.

In remarks to CNA Dec. 12, the same sources independently confirmed this week's report that a guilty verdict had been reached.

The conviction has not yet been confirmed by the Australian judiciary, and the gag order on Australian media could remain in place for several months.

Pell will reportedly be sentenced in early 2019. He will not be incarcerated prior to his sentencing.

Citing deference to the gag order, the Vatican has declined to comment on reports of the guilty verdict.

"The Holy See has the utmost respect for the Australian courts. We are aware there is a suppression order in place and we respect that order," Vatican spokesman Greg Burke told reporters Dec 12.

Pell has been accused of multiple instances of sexual abuse of minors. In May, lawyers for the cardinal petitioned the County Court of Victoria to split the allegations into two trials, one dealing with the accusations from Melbourne, and another dealing with accusations related to his time as a priest in Ballarat in the 1970s.

As the trial for the Melbourne allegations began in June, the judge imposed a sweeping injunction preventing media from reporting on the progress of the case. The gag order reportedly remains in force, over concerns that the verdict could influence the outcome of the second trial, which is expected to be heard early in 2019.

Pell has been on leave from his position as prefect of the Holy See's Secretariat for the Economy since 2017. Pell asked Pope Francis to allow him to step back from his duties to travel home to Australia to defend himself against the charges, which he has consistently denied.

Prior to his appointment to the Secretariat for the Economy in 2014, Pell served as the Archbishop of Sydney.

In October, Pope Francis removed Pell, along with Cardinal Javier Errazuriz and Cardinal Laurent Monsengwo, from the C9 Council of Cardinals charged with helping the pope draft a new constitution for the Holy See's governing structure.

In April 2018, Robert Richter, the lead attorney on Pell's legal team, refuted the allegations made against Pell.

"The allegations are a product of fantasy, the product of some mental problems that the complainant may or may not have, or just pure invention in order to punish the representative of the Catholic Church in this country," Richter said.

Richter further said that the accusations were "not to be believed," and were "improbable, if not impossible."

Until the imposition of the gag order in June, Pell had been the subject of sustained media attention in Australia, prompting the order. The extent of hostile attention directed at Pell by several Australian outlets, even prior to the accusations being made, led to a public debate in some sections of the Australian media about whether it would be possible to find an impartial jury for the cardinal.

Although the gag order was issued, one source called the integrity of the proceeding into question. In remarks to CNA, he called the trial a "farce" and a "witch hunt." He said that Australian prosecutors were determined to secure a conviction, despite the earlier mistrial.

"They kept going until they got the jury who'd give them what they want," the source told CNA.

Last week, another Australian court overturned the recent conviction of the former Archbishop of Adelaide, Philip Wilson, on charges he failed to report complaints of sexual abuse.

Newcastle District Court Judge Roy Ellis said Dec. 6 that the Crown had failed to prove beyond a reasonable doubt that Archbishop Wilson did not report abuse committed by Fr. James Fletcher, when Fletcher was charged in 2004 with child abuse which occurred between 1989 and 1991.

The judge also noted the possibility of undue media influence on the case.

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"This is not a criticism of media, but intended or not, the mere presence of large amounts of media from all around Australia and the world carries with it a certain amount of pressure on the court," Ellis stated.

The heavy media presence "may amount to perceived pressure for a court to reach a conclusion which seems to be consistent with the direction of public opinion, rather than being consistent with the rule of law that requires a court to hand down individual justice in its decision-making processes."

"The potential for media pressure to impact judicial independence may be subtle or indeed subversive in the sense that it is the elephant in the room that no one sees or acknowledges or wants to see or acknowledge," Ellis said.

He added that  Wilson could not be convicted merely because the "Catholic Church has a lot to answer for in terms of its historical self-protective approach" to clerical sex abuse. "Philip Wilson when he appears before this court is simply an individual who has the same legal rights as every other person in our community."

"It is not for me to punish the Catholic Church for its institutional moral deficits, or to punish Philip Wilson for the sins of the now deceased James Fletcher by finding Philip Wilson guilty, simply on the basis that he is a Catholic priest."

If the decision is confirmed, Pell can appeal to the Supreme Court in Victoria, and from there to the Australian High Court.

This story is developing and has been updated.