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What’s next in the Cardinal George Pell’s case?

17 1 0
14.11.2019

Two judges in the High Court of Australia this morning referred Cardinal George Pell’s application for special leave to appeal his convictions to a full bench of the High Court.

While not a full grant of special leave, this is favourable to Pell, as dismissing the application would have finalised the case and his convictions.

When the High Court hears the case in coming months, it can reject or grant the special leave application. If granted, it can then allow or dismiss the appeal.

The case is exceptionally complex and the final outcome is difficult to predict. Allowing leave to appeal does not guarantee the appeal will succeed. Here is what might happen next.

What happened with the convictions?

In December 2018, a jury unanimously found Pell guilty of five sexual offences against two 13-year-old choirboys, committed when he was Archbishop of Melbourne from 1996-97.

The offences were one count of sexual penetration of a child aged under 16 through forced oral sex, and four counts of an indecent act with or in the presence of a child aged under 16. He was sentenced to six years’ prison with a non-parole period of three years and eight months.

What happened with the failed appeal?

In August 2019, Victoria’s Court of Appeal dismissed Pell’s appeal against these convictions by a 2:1 majority decision. The background is summarised elsewhere. The key issue was whether the verdicts were “unreasonable” or could not be supported on the evidence. The question was whether, given the evidence, it was “open to the jury” to be satisfied beyond reasonable doubt the accused was guilty.

It is not enough to overturn a guilty verdict if the court merely finds a jury “might have” had a reasonable doubt. Rather, the court must find that, on its assessment of the evidence, it was not open to the jury to have been satisfied of guilt beyond reasonable doubt. So the evidence must have........

© Asian Correspondent