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.”