Anons, Cardinal George Pell's appeal begins TOMORROW, Wednesday 5 June 2019, 9:30am (Australian Eastern Standard Time).
George Pell appeal: What you need to know
George Pell’s case will return to court tomorrow as the disgraced cardinal appeals his conviction for sexually abusing two Melbourne choirboys.
The cardinal was found guilty in December of raping one choirboy and molesting another after mass in the sacristy of St Patrick’s Cathedral in 1996.
Pell, who was archbishop of Melbourne at the time, molested the first boy again about a month later.
The conviction was made public in February after a court-imposed gag order was lifted and Pell was sentenced to six years in jail – with a minimum of three years and eight months - by County Court Chief Judge Peter Kidd in March.
Pell’s team indicated last week they would not seek a reduced sentence if the appeal fails.
WHEN AND WHERE IS THE APPEAL HAPPENING?
The appeal will take place in the Supreme Court in Melbourne tomorrow and Thursday from 9.30am.
Pell’s lawyers will first seek leave to appeal and if granted the case will be heard over the two days.
The case will be heard by the Chief Justice of the Supreme Court of Victoria Justice Anne Ferguson, President of the Court of Appeal Justice Chris Maxwell and Justice Mark Weinberg.
The appeal is being heard in the Supreme Court instead of the Court of Appeal to cater for intense interest in the case.
The case can be reported on and a live stream will be also hosted on the Supreme Court’s website.
ON WHAT GROUNDS IS PELL APPEALING?
Pell’s legal team cited three reasons for its appeal.
Their first claim is that the jury reached “unreasonable” verdicts based on the evidence.
“The verdicts are unreasonable and cannot be supported having regard to the evidence because on the whole of the evidence, including unchallenged exculpatory evidence from more than 20 Crown witnesses, it was not open to the jury to be satisfied beyond reasonable doubt on the word of the Complainant alone,” Pell’s team said in announcing its appeal.
Secondly, the defence says Judge Kidd erred by not allowing a 19-minute video reconstruction to be played to the jury which claimed to show where people would have been in the cathedral at the time of the abuse.
Judge Kidd had ruled the video was based on speculation and as new evidence, it could not be used during a closing address.
The final claim for appeal is that Pell was not arraigned in front of the jury in what was a “fundamental irregularity in the trial process”.
The video and arraignment arguments are technicalities and could see a retrial if they are upheld.
If the “unreasonable verdict” claim is upheld, Pell’s conviction would likely be overturned and he would be released from custody.
WILL PELL BE THERE?
Pell has been in custody since February and it is not yet known if he will attend the appeal in person.
He was free when the appeal was lodged and had requested to be in court for the appeal hearing.
Now that he is behind bars, Pell may follow proceedings via video link.
WHEN WILL WE KNOW THE OUTCOME?
We may not know the outcome of the appeal over the next two days.
The judges have the option to reserve their decision, the reasons for it, or both.
So no matter the verdict and given the public scrutiny on the decision, it may not be made public for weeks or months to come.
https://www.9news.com.au/national/george-pell-appeal-to-be-heard-in-melbourne-court-catholic-church-news/97399cd5-b003-404f-9a9e-e379c9217d39