The High Court’s decision to hear disgraced cardinal George Pell’s appeal will only serve to further discourage child sexual abuse survivors from coming forward, leading anti-abuse campaigner Chrissie Foster says.
Describing Wednesday’s ruling as “off-putting” to other victims who are tossing up whether to report abuse, Ms Foster – whose two young daughters where sexually abused by a Catholic priest at their primary school in the 1980s – said the justice process seemed never-ending.
“Where does it end? With him walking away? Is that when the barrage stops, when George Pell gets off?” she told The New Daily.
On Wednesday morning, Justices James Edelman and Michelle Gordon announced they agreed Pell’s disputed convictions should be referred to a full court of the High Court “for argument as on an appeal”.
It is understood the decision allows the court to make one of three decisions, which would be delivered in a single judgment or order:
- Refuse special leave;
- grant special leave and dismiss the appeal;
- grant special leave and allow the appeal.
Pell, 78, was found guilty by a jury of the rape of a 13-year-old choirboy and sexual assault of another at St Patrick’s Cathedral in Melbourne in 1996. He has always denied any wrongdoing.
In August, the Victorian Court of Appeal upheld the jury’s verdict, in a 2-1 ruling.
The High Court matter is not expected to be heard until 2020.
According to lawyer Dr Judy Courtin, for every 1000 child sexual assault victims, 100 will report abuse to the police – and just six convictions will result from these reports.
Then, about 55 per cent of these convictions are appealed. Of those, more than half are successful, Dr Courtin told a 2013 conference by the Castan Centre for Human Rights Law.
“This is a crime that you may as well do because you’re not going to get locked up. It’s just dreadful,” Ms Foster said.
Child sexual abuse survivor Phil Nagle said Wednesday’s ruling showed just how gruelling the court process was.
“I just see it as like the process never ends and it seems to be very, very difficult to uphold a conviction,” he told TND.
However, a “very pleased” former Catholic priest, Eugene Ahern, described the High Court decision as “entirely reasonable”.
“We should all accept that the umpire has the right to make a decision,” he said.
“The grounds that were put by Cardinal Pell’s lawyers deserve to be examined at the highest legal level in our country.”
Dr Viv Waller, a Melbourne lawyer who represented Witness J in Pell’s trial, said she and her client were “very respectful” of the High Court’s decision.
“The appeals process is a very important part of the justice system and it’s important that the criminal justice system has checks and balances in it,” she said.
“We will be waiting for the outcome of the appeal.”
While being a witness in a sexual assault case was “always a difficult process”, Dr Waller encouraged survivors to report such matters to police – if they’re able and it won’t adversely affect their wellbeing.
“It would be a very undesirable consequence if this made people reluctant to report these very serious matters to the police,” she said.
Pell is serving a six-year jail term and is ineligible for parole until he has served three years and eight months of his sentence.
-with AAP
The post ‘Off-putting’: Victims’ advocates slam George Pell High Court ruling appeared first on The New Daily.
**Business and Marketing support on best price; Hit the link now----> http://bit.ly/2HsQmSi