How cardinal disgraced in Boston child abuse scandal found a Vatican haven
Bernard Law quit as archbishop of Boston in 2002 after criticism of his handling of paedophile priests but although a pariah in the US he was honoured in Rome
Stephanie Kirchgaessner in Rome and Amanda Holpuch in New York Friday 6 November 2015 21.00 AEDT
.. was Cardinal Law accused of personal child abuse? .. i can't see he was, so if that's true there is one difference in the two cases .. in any case both canon law
Mandatory reporting laws would help stop Catholic Church cover-up: Royal Commission Updated 9 Feb 2017, 6:52pm Canon law experts have told the child sexual abuse Royal Commission that if all the Australian states enacted mandatory reporting laws the Catholic Church would be compelled to report the clerical sexual abuse of children. The Commission is examining how the Church's canon law has been used to cover up abuse and protect paedophile priests. http://www.abc.net.au/news/2017-02-09/mandatory-reporting-laws-would-help-stop-catholic/8256996
are inadequate .. it appears both canon law and secular law still serve to protect the church at the expense of the rights of children.
I believe in the U.S.A some states have mandatory reporting for all, including the church, but not all states have it.
Cardinal George Pell's committal hearing date set for March
Australia’s most senior Catholic, who denies historical sex offence charges, heckled on way to court
Cardinal George Pell, who is facing historical sex offence charges, leaves the Melbourne magistrates court. Photograph: Darrian Traynor/Getty Images
Melissa Davey @MelissaLDavey
Friday 6 October 2017 10.39 AEDT Last modified on Friday 6 October 2017 12.02 AEDT
Australia’s most senior Catholic, Cardinal George Pell, will face a committal hearing in March, when the magistrate will decide whether he will stand trial on historical sex offence charges.
On Friday morning Pell faced Melbourne magistrates court for a second time since being charged in June. The hearing was brief and dealt with administrative matters.
Pell, 76, arrived at the court shortly after 9am on Friday flanked by police and was met by a media pack, some of whom had been waiting outside the court as early as 5am. Survivors of historical child sexual abuse also arrived early and waited for Pell holding placards. He was heckled as he made his way inside.
However, the crowd was substantially smaller than when he first appeared before the court in July, when scenes of chaos unfolded as Pell was met by a pack that included international media.
Pell sat in the front of the court as the magistrate determined which witnesses would be called to give evidence at the committal hearing and whether those witnesses could be cross-examined.
Once the case goes to a committal hearing, the magistrate will decide if there is enough evidence for the case to go to trial in the Victorian county court. Details of the charges Pell is facing are yet to be revealed. Pell has strenuously denied the charges and will plead not guilty if he is committed to stand trial.
Pell’s barrister, Robert Richter QC, told the court the prosecution had put forward “an awful lot of witnesses, and prosecution must have a view as to why they need so many of them”. About 50 witnesses are expected to be called.
The magistrate told Richter that she would need “some persuasion” to allow the cross-examination of witnesses who were children at the time. Witnesses were not named and details of the evidence they might give were not outlined.
Richter added that “we propose to demonstrate to Your Honour that what was alleged was impossible”, though journalists have not been given a list of the charges and allegations.
Pell is the Vatican’s treasurer, as prefect of the secretariat for the economy. He is third in charge in the Vatican and is the most senior Catholic in the world to face court.
The case will return to court on 5 March for a committal hearing that is expected to last four weeks.
"Pell, like Law, fled to Rome to hide, forever safe in the embrace of the Vatican's imperium -- but, at last, didn't get the Law deal -- that's a big deal"
Yep, good to see no Law deal for Pell. Could see it as an evolution of societal moral and ethical standards.
Archbishop Philip Wilson has appeared in court in Newcastle on one count of covering up an indictable offence after being declared fit to stand trial.
He flew into Newcastle today from Adelaide for the magistrate-alone trial.
The 67-year-old is accused of covering up abuse by priest Jim Fletcher in the Hunter Valley in the 1970s.
The Adelaide Archbishop is the most senior Catholic in the world to be charged with this offence.
Last week, Archbishop Wilson's legal team told Newcastle Local Court their client had just had a pacemaker put in and had received an Alzheimer's diagnosis after a fall.
His barrister, Stephen Odgers, told the court his client had memory problems and may lack the capacity to give evidence or direct his legal team.
He argued for an adjournment of the Archbishop's trial to allow for a higher cognitive assessment by a neuropsychologist.
That was done yesterday and he was deemed fit, meaning he was able to fly to Newcastle. Abuse survivors call for retirement
After his statement was released, some abuse survivors called for the Archbishop to step down in the wake of his diagnosis.
But Archbishop Wilson resisted.
"If a point comes in the next eight years before my mandatory retirement, and I am advised by my doctors that the effects of Alzheimer's disease might be beginning to impair my ability to function properly as Archbishop, I will offer my resignation," he said.
"I have informed Pope Francis' ambassador in Australia, the Apostolic Nuncio, of my diagnoses and will provide him with the medical reports."
The Archbishop said he hoped to reach out to others with Alzheimer's "to be a sign of support and encouragement to them".
Mr Odgers previously said his client was keen to have his day in court.
Archbishop Philip Wilson to step aside from duties to prepare trial defence
David Marr Friday 9 June 2017 14.59 AEST
* Adelaide archbishop to concentrate on charge of failing to report child abuse
* Foiled attempt to avoid prosecution means other figures could face court
Philip Wilson, the archbishop of Adelaide, is the most senior Catholic to have been charged with failing to report child sex abuse. Photograph: David Mariuz/AAP
David Marr
Friday 9 June 2017 14.59 AEST Last modified on Friday 9 June 2017 17.16 AEST
Philip Wilson, archbishop of Adelaide, is preparing to step aside from his duties after the New South Wales court of appeal unanimously dismissed his latest attempt to have a charge of failing to report child abuse quashed.
A spokeswoman for archbishop told Guardian Australia. “Now that there has been clarification on some of the points of law which arise, the archbishop is keen to move onto the trial preparation phase and will take time away from his duties when the trial approaches so that he can prepare his defence and demonstrate his innocence.”
"fuagf -- for Francis, this way also a better/more useful approach,..."
Pell has just arrived.
News National 12:01am, Mar 5, 2018 Updated: 12m ago
Cardinal Pell faces a four-week committal hearing in Melbourne beginning Monday. Photo: AAP
Lucie Morris-Marr Lucie Morris-Marr
One courtroom. One local priest turned Vatican treasurer. One leading criminal defence barrister, infamous for his forensic mind and ruthless cross-examination. And more than 50 witnesses, including accusers ready to share their stories.
This unprecedented legal showdown will attract a huge international media presence at Melbourne Magistrates Court as Cardinal George Pell arrives for the committal hearing for his historic sexual abuse case.
Extra chairs have been moved into court 22 to accommodate reporters, including many from overseas outlets including CNN, The New York Times, Wall Street Journal, Swedish National Radio and Le Monde.
But the media will only be allowed to sit in court for a few hours at most to witness legal arguments and administration before the magistrate, Belinda Wallington, closes the court for video evidence from the accusers lasting up to two weeks.
[Photo]
After the complainants have finished giving evidence the court will re-open to hear from more than 40 witnesses for a further two weeks.
Everything is at stake for Cardinal Pell, as he wages a perilous and expensive fight for his future and his reputation during this key stage of proceedings snaking its way slowly through the Victorian legal system.
He stepped aside from his role in Rome when he was charged by Sano Task Force on multiple allegations of historic sexual abuse in June last year.
The former archbishop for both Melbourne and Sydney strongly denies the allegations and a spokesman said in January this year he was looking forward to Monday’s hearing and “his day in court”.
The 76-year-old, who has been living in a seminary with 40 trainee priests in Sydney during this time in his native country, will sit with his legal team as they cross-examine the witnesses.
He has previously walked slowly into court for two hearings in July and October last year alongside his barrister Robert Richter QC, one of the most expensive criminal silks in the country, rumoured to be commanding a fee of $16,000 a day.
However, he’s also planning to make an application on Monday for a “support person” to remain with him during the closed court sessions.
Marc Gibson SC will lead the prosecution for the Crown along with Fran Daziel QC.
Experts and lawyers have told The New Daily of their concerns over the fact the court will be closed to the public and media during the cross-examination of the complainants.
They also say it is “unjust” the complainants are not able to have their own lawyer during the court process.
Judy Courtin, a lawyer who specialises in representing victims of historic sexual abuse, said the pressure on the complainants when they will be cross-examined by the famously thorough Mr Richter will “be enormous”.
“The power differentials will create a vast chasm,” she tells The New Daily.
“They should have their own legal representation to support them through such a process; the high-profile nature of the case creates unreasonable expectations.”
Ms Courtin says she also believes no parts of the case should be in a closed court.
“It should be open to the public as with any other criminal trial or committal.”
Professor Jeremy Gans, who specialises in criminal law at Melbourne University, agrees with the use of a video-link to help reduce the stress on the complainants.
However, he argues the media should be allowed so the public can be fully informed of what evidence is being considered by the court – especially in such high-profile cases.
“While I realise that intrudes on witnesses’ privacy, I think openness reflects the public nature of courts and prosecutions,” he says.
At the end of the four-week committal the magistrate will decide to commit Cardinal Pell for trial – or not.
“Neither decision is determinative,” Professor Gans says.
“The Director of Public Prosecutions doesn’t have to proceed with a trial even after a committal and the DPP can also choose to proceed with a trial even if the committal is dismissed.
“But usually what the magistrate says, goes. And usually, the magistrate decides to commit.”
In recent months several court mentions regarding the case have heard details of court applications from Cardinal Pell’s team for documents and materials.
The ABC, Sydney Morning Herald, Justice Health, Corrections Victoria, Victorian Legal Aid and solicitors for the complainants were all sent subpoenas.
Cardinal Pell’s team also demanded materials from the accusers themselves which were mostly complied with except the magistrate ruled against medical records being sought on privacy grounds.
On Friday the prosecution announced it would withdraw a charge relating to a complainant who died in January.
In a surprise twist, Cardinal Pell’s team had argued to keep the charge in place, saying they wanted to show in their defence case how the accuser in question was “uncredible” and started a “domino effect” prompting others to complain to the police.
Experts predict that if Cardinal Pell does face a trial at a higher court it won’t be until later in the year.
“These sort of cases are ridiculously slow moving,” Ballarat lawyer Ingrid Irwin tells The New Daily.
Cardinal George Pell committed to stand trial on multiple historical sexual assault charges
"...didn't get the Law deal -- that's a big deal"
By Adam Cooper & Tom Cowie 1 May 2018 — 10:19am
George Pell will be the most senior Catholic leader to face a jury after being committed to stand trial on multiple historic sexual assault charges.
In a decision that will ring loud through the Vatican and around the religious world, Australia's most senior Catholic and the man who a year ago oversaw management of the Vatican's finances was on Tuesday committed to stand trial on half the charges he faced, involving multiple accusers.
However, magistrate Belinda Wallington struck out a series of serious charges at the start of her ruling, finding there was insufficient evidence for him to be convicted by a jury.
Ms Wallington committed the 76-year-old on charges against multiple complainants, involving alleged sexual offending at a swimming pool in the 1970s in Ballarat, where the accused man was then working as a priest; and at St Patrick's Cathedral in Melbourne in 1990s, when he was the then Archbishop of Melbourne.
Asked to enter a plea, Cardinal Pell said in a loud, clear voice: "Not guilty."
Cardinal George Pell has been committed to stand trial on multiple charges related to historical sexual assault. Photo: Jason South
Ms Wallington took more than an hour to read through her decisions on the respective sets of charges, and the first ruling she made was to strike out the most serious of allegations. They involved alleged offending at a Ballarat cinema during a screening of Close Encounters of the Third Kind, and allegations of other offending throughout Ballarat over the following year.
The magistrate ruled the evidence of the respective accusers was credible enough to be believed by a jury, that there was no evidence accusers had colluded in what they told police, and that their allegations were not contaminated by media reports, most notably a television interview on the ABC's 7.30 program.
But Ms Wallington said inconsistencies in the evidence of the complainant who claimed he was sexually assaulted in the cinema and throughout Ballarat, and the timelines of when the movie was screened, combined with the accounts of family members, meant there was insufficient evidence for him to stand trial.
VIDEO - 0:58 - Arriving for a decision that will see if he stands trial or not, Cardinal George Pell enters the Melbourne Magistrates Court
Cardinal Pell did not react when Ms Wallington dismissed the first set of charges, having heard a four-week committal hearing, including the evidence of his accusers, in March.
When told he had been committed to stand trial on the first charge Cardinal Pell did not change expression apart from a small glance at the ground. He then brought his hand to his mouth and coughed.
There was no noticeable reaction throughout the court, other than the tapping of keyboards and iPads by reporters, who occupied most of the seats. Cardinal Pell's supporters and advocates for sexual abuse survivors were also in the room.
Cardinal Pell has long denied the allegations.
George Pell arrives at Melbourne Magistrates Court on Tuesday. Photo: Jason South
Some charges were earlier withdrawn by prosecutors.
Cardinal Pell had his bail extended and is due to appear in the County Court on Wednesday, when a judge will set a date for his trial.
After the magistrate left the bench, a group of people at the back of the court room clapped.
Flanked by up to 40 police officers, Cardinal Pell had arrived at the court in a white sedan just after 9am. He wore a dark coloured suit and white shirt.
The police separated the Cardinal’s path from the public as protesters arrived with laminated signs reading “every child deserves a safe and happy childhood”.
Archbishop of Melbourne Denis Hart released a statement saying he declined to make any comment about the decision to commit Cardinal Pell to face trial in the County Court.
Archbishop Hart expressed his confidence in the judicial system in Australia and said that justice must now take its course.
Cardinal Pell left the court building at 11.55am, and was jeered by people outside the building as he got in a white car and was driven away. A wall of police officers stood on the bottom two steps of the court building to ensure he was not surrounded by media.