Toronto Star

Australian court upholds Cardinal Pell child sex conviction­s

- ROD MCGUIRK

MELBOURNE, AUSTRALIA— An Australian court by a 2-1 majority ruling Wednesday upheld conviction­s against Cardinal George Pell, the most senior Catholic to be found guilty of children sex abuse.

The Victoria state Court of Appeal rejected Pell’s appeal of a unanimous jury verdict in December that Pope Francis’ former finance minister was guilty of molesting two 13-year-old choirboys in Melbourne’s St. Patrick’s Cathedral more than two decades ago.

His lawyers are expected to appeal to the High Court, Australia’s final arbiter.

He was sentenced to six years in prison in March and is no longer a member of Pope Francis’ council of cardinals or a Vatican official. Prime Minister Scott Morrison said soon after the appeal was rejected that Pell would be stripped of his Order of Australia honour.

Pell, 78, showed no emotion when Chief Justice Anne Ferguson read the verdict to a packed courtroom but bowed his head moments later. He wore a cleric’s collar but not his cardinal’s ring. Pell had arrived at the court in a prison van and was handcuffed as he was led away by a guard.

Clerical sexual abuse and the Catholic church’s handling of such cases worldwide have thrown Francis’ papacy into turmoil.

In a little more than a year, the pope has acknowledg­ed he made “grave errors” in Chile’s worst coverup, Pell was convicted of abuse, a French cardinal was convicted of failing to report a pedophile, and a third cardinal, former U.S. church leader Theodore McCarrick, was defrocked after a Vatican investigat­ion determined he molested children and adults.

Ferguson said she and President of the Court of Appeal Chris Maxwell “decided that it was open to the jury to be satisfied beyond reasonable doubt that Cardinal Pell was guilty.”

The two judges “accepted the prosecutio­n’s submission that the complainan­t was a very compelling witness, clearly not a liar, was not a fantasist and was a witness of truth,” Ferguson said.

The dissenting judge, Justice Mark Weinberg, “could not exclude as a reasonable possibilit­y that some of what the complainan­t said was concocted,” particular­ly in relation to the charge that Pell had squeezed the boy’s genitals and shoved him against a cathedral corridor wall as they passed in the midst of the choir moments after a Mass, she said.

“Justice Weinberg found that the complainan­t’s account of the second incident was entirely implausibl­e and quite unconvinci­ng,” Ferguson said.

One of the choirboys, identified by the sentencing judge as J.J., was the key prosecutio­n witness. His friend, identified as M.R., died of a heroin overdose in 2014 at the age of 31 without ever complainin­g he had been abused.

The father of the deceased victim was in the courtroom for Wednesday’s verdict and shed tears of relief at Pell’s appeal being denied, his lawyer said. Neither victim can be named, nor the father.

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