Anonymous ID: 89fc22 March 9, 2020, 10:23 p.m. No.8365348   🗄️.is 🔗kun

George Pell's appeal is before the High Court tomorrow. Here's what might happen

 

George Pell's final bid for freedom at the High Court this week will be one of the most closely watched hearings in Australian legal history.

 

It's one of the most high-profile and contentious High Court cases in recent memory — up there with Lindy Chamberlain.

 

In December 2018, when a jury found Pell guilty of sexually abusing two choirboys, many of his supporters were hopeful the convictions would be overturned on appeal.

 

Only one of the former choirboys gave evidence at the trial, the other died of a drug overdose in 2014.

 

But a majority of the three judges at the Victorian Court of Appeal backed the jury's verdict, leaving Pell to continue serving a six-year jail term.

 

Now it all comes down to a two-day hearing before the full bench of the High Court starting tomorrow.

 

Here's a quick guide to how the case will run.

 

What are the grounds for Pell's appeal?

 

If you have time for the long version, Pell's legal team sets out its case in a 21-page written submission to the High Court.

 

The Crown's response is also 21 pages and there are further written submissions on the High Court website.

 

Essentially, Pell's lawyers argue the Victorian Court of Appeal should have ruled that the guilty verdict handed down by the jury was unsafe.

 

"They say the evidence at the trial means that even if you accept the complainant's testimony as seemingly credible, it's not enough to convict Pell because the other evidence creates too much doubt," Melbourne University Law School Professor Jeremy Gans said.

 

"The Crown say the Court of Appeal majority considered all of that and was still left without doubt that Pell was guilty."

 

Has the High Court agreed to hear the appeal?

 

Funnily enough the answer is no, or at least, not yet.

 

Despite setting a two-day hearing where the parties will argue for and against the appeal, the High Court is yet to grant what's called 'special leave to appeal'.

 

It may even hear all the arguments on the appeal itself before ruling if leave is granted. That's not unusual in High Court cases.

 

If leave is not granted, the appeal fails, and Pell must serve his time. If leave is granted, the High Court will then make a judgment on the appeal and publish its reasons.

 

How will the case be heard?

 

The case will be heard before the full bench of the High Court. That could mean five judges or seven judges — for the moment the High Court won't say how many.

 

The exact number will become clear later today or tomorrow.

 

The judges won't examine all the trial evidence.

 

"The High Court will be looking at the appeal judgment and around 100 pages of trial transcript selected by the parties," Professor Gans said.

 

"Each side has asked for four hours to make their case, but it's up to the court how long they have.

 

"If the judges disagree on the special leave application or the appeal itself, the majority decision stands."

 

What are all the possible outcomes?

 

According to Professor Gans, there are five possible outcomes from Pell's High Court application:

 

* Refuse special leave — which ends the case and leaves Pell in prison.

 

* Grant special leave and dismiss the appeal — which again leaves Pell in prison, but the High Court will publish more detailed reasons.

 

* Grant special leave and allow the appeal — that ends the case and means Pell is cleared and must be freed immediately.

 

* Grant special leave and send the case back to the Victorian Court of Appeal — that puts the case back where it was a year ago, after Pell was sentenced.

 

* Do something else — for example ask Pell and the Director of Public Prosecutions (DPP) to provide more arguments or information down the track.

 

Could there be a result tomorrow?

 

Technically, yes.

 

Professor Gans said it was possible the court could decide to throw out Pell's appeal after his lawyers put their case tomorrow.

 

(continued)

 

https://www.abc.net.au/news/2020-03-10/george-pells-high-court-appeal-final-bid-for-freedom/12039628

 

https://www.hcourt.gov.au/cases/case_m112-2019