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George Pell says he is ‘mischaracterised’ by Victoria Crown prosecutor
Convicted paedophile and child sex abuser Cardinal George Pell has argued Victoria’s Crown prosecutor has “mischaracterised” his legal team’s recent complaint against his conviction, as he once again attempts to have his sentenced overturned.
Naomi Neilson
Despite only recently having his first appeal thrown out two to one, the convicted priest is seeking another appeal, this time on the grounds there remains “reasonable doubt” as to the existence of any opportunity for the offending to have occurred.
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The director of the Office of Prosecutions in Victoria, Kerri Judd QC, issued a response to Mr Pell’s team and challenged their grounds for appeal, urging that the High Court throw out the appeal lodgement and to refuse to hear any further arguments.
In her submission, Ms Judd said there was “no error in the majority approach” and that there should be no question of law for the court to resolve. She said the legal team for Mr Pell is asking the court to substitute the view taken by the majority and request the jury to review the evidence in a different light – one that may favour Mr Pell.
In response, Mr Pell’s team filed their reply to Ms Judd, arguing she had not addressed the question of whether belief in a complainant “can coexist with reasonable doubt due to the burden and standard of proof” and called for the appeal to move ahead.
In documents filed in the Supreme Court of Victoria in August, Mr Pell’s team argued that for the offending to have occurred, “evidence just does not support that there was a real or substantial possibility of this offending having occurred”.
“In the absence of any challenge to the correctness (let alone honesty) of recollection by the prosecution at trial, the alibi was not, on the proper application of the law, near eliminated,” Mr Pell’s legal team argued in its reply to Ms Judd.
A decision is yet to be made by the High Court as to whether the appeal will be heard. Until then, Mr Pell will continue to carry out his six-year jail sentence.
