How did the Pell case get so far—A smoking gun.

THERE ARE MANY exasperated (and utterly justified) questions as to how the case produced against Pell could have even made court in the first place. The judgment given in the (rare) unanimous decision of the full bench of the High Court of Australia to quash the conviction is, after all, quite clear despite the detached objectivity of the rhetoric common to legalese: the jury did not act rationally, and the judges of appeal (well, the majority of them that is) erred in not seeing this, even though their own reasoning should have led to this conclusion. The brutal conclusion is that neither the second jury (for whatever reason, but we can hazard an educated guess) nor the two majority judges of the Victorian Court of Appeal were did their jobs properly.

Take note too that these two judges are Victoria’s most senior judges: the Chief Justice of the Supreme Court, Anne Ferguson and the President of the Court of Appeal, Chris Maxwell.. The High Court has schooled them in their job, declaring their judgment in this case to be, to quote an interview with Professor Frank Brennan SJ, “dreadful.”

But let us go back a step further, to the matter of how it came before a jury on the first place, and how that jury was able to fail in its duty to act rationally. Continue reading “How did the Pell case get so far—A smoking gun.”

Holy Week Justice for Pell

THE FULL BENCH OF THE HIGH COURT of Australia today unanimously granted George, Cardinal Pell special leave to appeal, which was heard instanter and allowed. All his convictions were quashed, and verdicts of acquittal ordered to be put in their place. He will be free for Easter when no doubt he will celebrate the Great Feast with a joy he has probably never known before.

The hate-fest has begun already on social media. Evidence is ignored if ever first consulted. Pell, a social and moral conservative in the eyes of secular Australia who stood for all that they hate about religion, and the Church most of all, and who had—beyond their wildest dreams—been accused of one of the worst of modern crimes.

Many issues will soon emerge and demand attention. Continue reading “Holy Week Justice for Pell”

Cardinal Pell’s Appeal

LAST WEEK THE DUE DATE PASSED for the last submissions to the High Court of Australia with regard to Cardinal Pell’s appeal against his conviction for sexual assault. Next month the High Court, the Commonwealth’s highest court which can hear appeals from state supreme courts as in Pell’s case, will hear his appeal.

No one doubts the fact that clerical sexual abuse and misconduct has been more widespread than had been previously assumed, insofar as it was even envisaged at all. What has aggravated the matter has been the number of cases in which ecclesiastical authorities have mishandled cases when they have become known. Some bishops and religious superiors in earlier days acted in a combination of ignorance of the effect that sexual abuse has on minors, whose youth magnifies the trauma not least because they have precious little of the psycho-emotional equipment needed to deal with it healthily, and a naive optimism that either a change of scene or professional therapy would set things to right. We know better now.

Other bishops and religious superiors have acted far more cynically. Revelations of such cynicism and duplicity are emerging most clearly from the United States. While the more egregious examples have led to the downfall of the prelates concerned, that is certainly not universally so. Some prelates seem teflon coated, others seems able to ride out the storms of revelations with gritted teeth but little more than that. Continue reading “Cardinal Pell’s Appeal”