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In three weeks, a panel of senior judges will hear Cardinal George Pell’s appeal of the unjust verdict rendered against him at his retrial in March, when he was convicted of “historical sexual abuse.” That conviction did not come close to meeting the criterion of guilt “beyond a reasonable doubt,” which is fundamental to criminal law in any rightly-ordered society. The prosecution offered no corroborating evidence sustaining the complainant’s charge. The defense demolished the prosecution’s case, as witness after witness testified that the alleged abuse simply could not have happened under the circumstances charged — in a busy cathedral after Mass, in a secured space.
Yet the jury, which may have ignored instructions from the trial judge as to how evidence should be construed, returned a unanimous verdict of guilty. At the cardinal’s sentencing, the trial judge never once said that he agreed with the jury’s verdict; he did say, multiple times, that he was simply doing what the law required him to do. Cardinal Pell’s appeal will be just as devastating to the prosecution’s case as was his defense at both his first trial (which ended with a hung jury, believed to have favored acquittal) and the retrial. What friends of the cardinal, friends of Australia, and friends of justice must hope is that the appellate judges will get right what the retrial jury manifestly got wrong.
Appellate - Judges - Media - Hysteria - Cardinal
That will not be easy, for the appellate judges will have been subjected to the same public and media hysteria over Cardinal Pell that was indisputably a factor in his conviction on charges demonstrated to be, literally, incredible. Those appellate judges will also know, however, that the reputation of the Australian criminal justice system is at stake in this appeal. And it may be hoped that those judges will display the courage and grit...
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