The Only Reasonable Verdict Against Cardinal Pell Was Acquittal

COMMENTARY: The High Court of Australia’s unanimous decision restored to an innocent man his freedom.

Australian Cardinal George Pell is shown leaving by car after being released from Barwon Prison on April 7. (Photo: William West/AFP via Getty Images)

The unanimous decision by Australia’s High Court — equivalent to the Supreme Court — to quash the convictions of Cardinal George Pell is momentous for both Australian justice and for the Church, both in Australia and universally. About the Church, another column.

The acquittal of Cardinal Pell restores to an innocent man his freedom. There was no doubt at the High Court that a massive miscarriage of justice had occurred. Returning the verdict less than a month after hearing arguments, the seven justices eviscerated the judgment of the Court of Appeal, which 2-1 upheld the jury convictions on five counts of sexual abuse of a minor.

“The [Court of Appeal’s] analysis failed to engage with whether, against this body of evidence, it was reasonably possible that [the alleged victim’s] account was not correct, such that there was a reasonable doubt as to the applicant’s guilt,” the unanimous High Court wrote.

Which is to say, in plain English, that the Court of Appeal did not bother to ask whether the evidence was sufficient for conviction. “It failed to engage” the critical question: Did the mountain of evidence against the sole, uncorroborated account of the alleged victim require an acquittal on the grounds of reasonable doubt? It was, without a single dissenting voice, a devastating rebuke of the majority in the Court of Appeal, which ruled against Cardinal Pell.

 

The High Court Takes Extraordinary Measures

The High Court was so convinced of the wrongful conviction of Cardinal Pell — termed an “unsafe” verdict in Australian judicial parlance — that it handled his case in three unusual ways.

 

Shocking That Pell Was Ever Charged or Convicted

The real news is not that the High Court was so thoroughly convinced that Cardinal Pell is not guilty. The real news is that the jury and Court of Appeal were convinced that he was.

The charges against Pell were fantastic from the beginning. It was alleged that immediately after solemn Sunday Mass at St. Patrick’s Cathedral in Melbourne — his first there as the new archbishop! — Pell somehow slipped away from dozens of people in the procession, rushed back to the sacristy without being noticed by his attendants, found two choirboys there and orally penetrated them while still fully vested for Mass and with the sacristy door open. He then went back to the cathedral steps to greet the people. All this took place in six minutes according to the prosecution.

The secular equivalent would the prime minister of Australia leaving the House of Representatives chamber after a major speech, slipping away from his entourage, moving through a crowded lobby to a small waiting room, sexually assaulting two parliamentary pages with the door open, and then appearing before journalists six minutes later to take questions.

The alleged crime never took place. It could not have taken place as the complainant claimed.

 

Australian Justice Gets It Wrong, Again

This year marks the 40th anniversary of Australia’s heretofore most prominent criminal case, the “dingo” case, in which Lindy Chamberlain was convicted of murdering her own infant daughter. Chamberlain spent more than three years in prison for a crime she did not commit before her wrongful conviction came to light. Her conviction was the result of public vilification, police incompetence and prosecutorial aggression.

It would take until 2012 for Australian justice to confirm that she had been telling the truth all along. Last month the Australian Broadcasting Corp., which has led the public campaign of vilification against Cardinal Pell, aired anniversary commemorations of the Chamberlain case.

The Pell case was like the Chamberlain case. Public passions were inflamed against the defendant for religious reasons — Pell as a scapegoat for Catholic misconduct and mishandling of sexual abuse, Chamberlain as a member of a supposedly suspicious sect, Seventh-Day Adventists.

The High Court saved — albeit late in the day — Australia from another internationally embarrassing miscarriage of justice. Pell spent “only” 400 days in prison compared to Chamberlain’s more than three years, but that Australia got both of its most prominent cases wrong is a black eye for Australian justice. Cardinal Pell was able to get his case to the High Court. What about those less able defendants, victims of prosecutorial excess and jury mistakes, that languish wrongfully in jail because they could not manage an appeal with the country’s top lawyers?

 

A Corrupt Police Force

The High Court’s decision will do nothing to rescue the Victoria police, which handled the Pell case, from the disgrace into which it has descended. The state police force was revealed in 2018 to have engaged in an astonishing corruption of justice for nearly 15 years in organized-crime cases. The highest levels of the Victoria police used as a confidential informant the defense lawyer of the same accused it was prosecuting. And they lied to cover it up.

When the High Court became aware of the perversions of justice in Victoria, it characterized the police conduct as “reprehensible … and debased fundamental premises of the criminal justice system.” It was this police force that led the investigation into Cardinal Pell.

Now the case against Cardinal Pell has emphatically been dismissed, it is worthwhile to review the key dates of how the Victoria police and prosecutors orchestrated the matter:

 

What’s Next for Australian Justice?

The High Court was never going to be the last stage in the Pell prosecution. Wrongful convictions are rarely rectified in the normal course of appeals, as Cardinal Pell’s was. Usually, it is new evidence that comes to light later, as it was in the Chamberlain dingo case. Alternatively, an official involved has a crisis of conscience and blows the whistle on police and prosecutorial malfeasance.

Had the High Court ruled against Cardinal Pell, exhausting the appellate process, there would have been further post-judicial developments. That’s how a wrongful conviction is usually overturned. There are no shortage of cases in Australia, Canada, Britain or the United States. In fact, the U.S. has something of a thriving artistic subculture in making movies about the wrongfully convicted.

The High Court’s judgment means that no new evidence is needed. But there still remains a reckoning to be had for the police and the prosecutors who abused their office. Justice, finally, has come for Cardinal Pell, but justice still remains to be done in this case.

Father Raymond J. de Souza is the editor in chief of Convivium magazine.

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