Mercury (Hobart)

Cardinal had made plans to testify in civil trial

- SHANNON DEERY MILES PROUST

GEORGE Pell was this year expected to testify under oath – for the first time – about allegation­s that he sexually abused a choir boy at St Patrick’s Cathedral.

Despite having conviction­s on five child sex abuse charges involving two choir boys quashed by the High Court, he is being sued by the father of one of the boys.

The boy died of a heroin overdose in 2014 before Cardinal Pell was charged and before his death denied ever being abused.

His father launched legal action against the Catholic Archdioces­e of Melbourne and Pell, claiming he suffered psychologi­cal harm upon learning of the alleged abuse against his son.

News Corp understand­s that as part of the trial both Pell and the surviving choir boy, known only as Witness J, were expected to be called to testify as witnesses.

Sources familiar with the case said the civil trial would rehash all of the evidence heard at Pell’s two criminal trials and appeals before the Supreme Court and High Court.

The evidence of Witness J, the only surviving witness who claims to have first-hand knowledge of the abuse, would be central to the trial.

His evidence before the County Court trial that saw Pell convicted was given in a closed court and remains secret.

The evidence of Pell was also expected to be crucial to the civil case, and would have resulted in him being forced to answer questions over the allegation­s under oath for the first time.

Shine Lawyers’ Lisa Flynn, who is acting on behalf of the father, said his civil claim would continue despite Pell’s death.

“The claim will continue against the church and whatever estate Pell has left behind,” Ms Flynn said.

“A civil trial likely would have provided the opportunit­y to cross-examine Pell and truly test his defence against these allegation­s.

“There is still a great deal of evidence for this claim to rely on, and the court will be asked, in due course, to make its ruling on that evidence.”

Pell spent 405 days in jail after being convicted on four counts of indecent assault and one of sexual penetratio­n of a child over the alleged abuse of the two choirboys.

He was released after the High Court quashed his conviction­s finding the jury who found him guilty was wrong to do so, having not considered all the evidence at trial.

The investigat­ion resulting in charges being laid against Pell began in 2013 before any complaint had been made against him.

In December 2015, after receiving a single complaint, Victoria Police announced in a press release it was probing sexual-assault claims at St Patrick’s Cathedral, in East Melbourne, between 1996 and 2001 – the period Pell was Archbishop of Melbourne.

No further complaints were made.

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