Australian cardinal won’t fight sentence if he loses appeal
By Trevor Marshallsea AP
Disgraced Australian Catholic cardinal George Pell will not fight for a reduced jail sentence if he fails in his appeal of his conviction for molesting two choirboys in the 1990s, a court spokesman said Monday.
The 77-year-old Pell — the most senior Catholic official convicted of sex abuse — was sentenced in a Melbourne court in March to six years in prison. He must serve at least three years and eight months of the term.
Pell will appeal his conviction next month. His lawyers have filed an application arguing it should be overturned on three grounds.
But the application does not include an appeal of the length of the sentence, Andre Awadalla, a spokesman for the Court of Appeal in Victoria state, told the Associated Press.
“The only appeal application filed on the matter is an appeal against conviction,” Awadalla said. “His lawyers haven’t filed an appeal in relation to sentence.”
In sentencing Pell in March, Victorian County Court Chief Judge Peter Kidd acknowledged that there was a real chance that Pope Francis’s former finance minister could die in jail.
Pell was convicted by a unanimous jury verdict in December on one charge of sexual penetration of a child and four charges of committing an indecent act with or in the presence of a child.
He was found guilty of raping a 13-year-old choirboy and sexually molesting his 13-year-old friend in the sacristy of St. Patrick’s Cathedral in Melbourne in 1996, months after he became archbishop of the city. He molested the first boy again about a month later. One of his victims later died of a heroin overdose at the age of 31.
Pell’s appeal application is set down for hearing on June 5 and 6, with three judges to first decide whether he should be granted leave to appeal.
His legal team will first argue that the verdicts were “unreasonable” since the jury could not have been satisfied beyond reasonable doubt that Pell was guilty based on the word of the surviving victim against “unchallenged exculpatory evidence” of more than 20 prosecution witnesses.
Pell’s lawyers are also expected to argue that Judge Kidd erred in not allowing them to use a video graphic in their closing arguments, which they said would demonstrate the offending that was alleged would have been impossible.
The third ground details an alleged “fundamental irregularity” in the trial in that Pell was not arraigned — asked if he pleaded guilty or not guilty — in front of the chosen jury.
If the judges accept the first ground, Pell’s conviction will be overturned and he will be released.
A new trial could be ordered if they accept the second or third grounds.
While Pell remains Australia’s highest-ranking Catholic, the Vatican has launched its own investigation into his convictions.