Pell won t appeal child abuse sentence 20190527 p5x3j8.html – Breaking News & Latest Updates 2026
Advertisement
Advertisement
BREAKINGMan injured in suspected shark attack in WArightArrow
This was published 7 years ago

Pell won't appeal child abuse sentence

AAP

Powered by

Disgraced Cardinal George Pell won't seek a reduced sentence if the Court of Appeal upholds his conviction for sexually abusing two Melbourne choirboys in the 1990s.

Pell has been behind bars since February and is due to return to court next month to fight his conviction.

But he won't be adding an appeal against the six-year prison sentence handed down by County Court Chief Judge Peter Kidd in March.

Advertisement

Pell was ordered to serve at least three years and eight months after being convicted in December of one charge of sexual penetration of a child and four charges of committing an indecent act with or in the presence of a child.

Pell raped one 13-year-old choirboy and sexually molested his friend in the sacristy of St Patrick's Cathedral in Melbourne in 1996 when he was newly-installed as Archbishop.

He molested the first boy again about a month later.

His barrister Robert Richter QC filed an application for appeal in February against Pell's conviction, arguing it should be overturned on three grounds.

AAP understands Pell's lawyers won't add an appeal against sentence to their conviction appeal, which has already been lodged.

An appeal against sentence would likely have to argue the sentence was "manifestly excessive".

Judge Kidd acknowledged there was a real chance Pell, who will turn 78 next month, could die in jail

Sydney silk and specialist appeals barrister Bret Walker SC will run the appeal case on June 5 and 6.

Advertisement

Three judges will first decide if Pell should be granted leave to appeal and, if so, the appeal is scheduled to be heard over two days.

His legal team will first argue the verdicts were "unreasonable" because the jury could not have been satisfied beyond reasonable doubt Pell was guilty on the word of the single surviving complainant against "unchallenged exculpatory evidence" of more than 20 prosecution witnesses.

They will also argue Judge Kidd was mistaken in not allowing the defence to use a video graphic in Mr Richter's closing arguments, which he said would demonstrate the offending was impossible.

A third ground claims there was a "fundamental irregularity" in the trial because Pell was not arraigned - asked if he pleaded guilty or not guilty - in front of the chosen jury.

Advertisement
Advertisement

If the judges accept the first ground, Pell's conviction will be overturned and he will be released.

A new trial could be ordered if they accept the second or third grounds.

While Pell remains Australia's highest-ranking Catholic, the Vatican has launched its own investigation into his convictions.

Vatican spokesman Alessandro Gisotti said while the verdict was "painful", Pell "has the right to defend himself until the last stage of appeal".

email icon

Contact us

Share a tip-off, video or photo with us

Most viewed in VIC

More to explore