Pell’s barrister accuses police of not investigating allegations of historical offences properly
The Guardian
Mon 5 Mar 2018 01.09 GMT
Pell committal hearing: cardinal arrives at Melbourne court – video
The committal hearing has begun for Australia’s most senior Catholic, Cardinal George Pell, with his barrister, Robert Richter QC, accusing police of failing to properly investigate.
Magistrate Belinda Wallington will decide over the next four weeks whether there is enough evidence to order him to stand trial on charges of historical sexual offences.
Police formed a wall on either side of the footpath along William Street in Melbourne’s CBD, flanking Pell on both sides as he walked up to the court, where reporters from dozens of news outlets from around the world were waiting.
Outside the court people held up placards that read, “No trial by media” and “The truth will set you free”.
When Pell entered the courtroom shortly after 9am, a woman called out: “Hello, Father.” Lawyers dealt largely with administrative and preliminary matters before closing the court to the media and the public just before 10.30am.
Richter told Wallington that by law, prosecutors should make documents relevant to the alleged offences available to the defence team to assist them in their cross-examination of witnesses. He added that the defence team had provided many witness statements to the police, which he said police were obliged to investigate properly.
“They have not done so,” Richter said.
He also said the defence should have access to a document outlining how police investigate complaints against prominent people, adding that police would be cross-examined by the defence team.
Police should also provide the court with any exculpatory material they had acquired that might depict Pell favourably, he said.
Pell, 76, has repeatedly and vehemently denied the offences he is charged with, which involve multiple complainants. Pell does not need to enter a formal plea unless committed to stand trial.
The courtroom at the Melbourne magistrate’s’ court was filled mostly with reporters, and an overflow room was opened to accommodate reporters and members of the public.
On Friday prosecutors withdrew one of the charges, relating to a complainant who died after the criminal proceedings began in 2017. About 50 witnesses are expected to give evidence over the next month.
The court heard complainants will have support staff next to them while they give evidence in a remote witness facility. Prosecutors also asked for permission for a witness support dog to be allowed in the facility, which was described in the court as “a relatively new initiative”.
Richter responded: “I always thought dogs were there for children and very old people, but if they want a dog …”, to which Wallington replied: “They’re also for vulnerable people.”
Richter replied: “Well, whatever comfort the dog can give, we don’t object to the dog.”
Richter asked for Pell to be allowed a priest as a support person, owing to his age and a medical condition.
Pell has taken leave from his position at the Vatican as prefect of the secretariat for the economy to fight the charges. He is staying in Sydney and flew to Melbourne for court appearances. He is a former archbishop of Sydney and Melbourne.
The committal hearing continues.
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‘There was a presumption of guilt’: Pell’s lawyer criticises police
The Courier (Ballarat Australia)05 March 2018
Megan Neil and Jacqueline Le
Cardinal George Pell’s lawyer Robert Richter, QC leaves the Melbourne Magistrates Court at lunch time in Melbourne. Photo: Eddie Jim.
Cardinal George Pell’s barrister has accused police of failing to follow guidelines for investigating prominent people as the senior cleric fights historical sex offence charges.
The 76-year-old faced Melbourne Magistrates Court on Monday for the start of a four-week hearing that will decide if he stands trial on the charges involving multiple complainants, which he denies.
Defence barrister Robert Richter QC said a former judge had prepared a report about how police should investigate prominent people.
“It is a guide to police about how to fairly investigate claims against prominent people,” he told the court.
“We say that was not followed because there was a presumption of guilt.”
Pell’s legal team had made submissions on that issue to police and to the Director of Public Prosecutions, the barrister added.
Mr Richter also said police had 21 witness statements provided by the defence that were favourable to the cardinal.
Cardinal George Pell arrives at Melbourne Magistrates Court for the first day of the committal hearing.Photo: Eddie Jim.
“These documents are certainly relevant to the alleged offences,” he said.
“I know it doesn’t suit the prosecution because they are exculpatory of the cardinal.”
The court was open to the public for 25 minutes before adjourning until Monday afternoon, when it will be closed as the first complainant begins giving evidence.
Prosecutors on Friday withdrew one of the charges, relating to a complainant who died after the criminal proceedings began in 2017.
The former Sydney and Melbourne archbishop and Ballarat priest is the highest- ranking Catholic official to be charged with sexual abuse.
The current hearing is expected to be closed to the public and media for two weeks while the complainants give their evidence, as required by law in sexual offence cases.
At the end of the four-week proceeding, it will be up to Magistrate Belinda Wallington to decide if there is enough evidence for the case to go to trial in the Victorian County Court.
Dozens of Australian and international journalists on Monday joined a queue to cover the case, including representatives of the BBC, CNN, The New York Times, The Wall Street Journal and Swedish National Radio.
Pell will not have to enter a formal plea unless committed to stand trial, but Mr Richter told his client’s first court appearance last July that Pell will plead not guilty to all charges.
Pell has taken leave from his position as the Vatican’s Prefect of the Secretariat for the Economy to fight the charges.
– AAP
And that’s it for two weeks! Iw onder will the media head home between now and then? or, will they wait around the courthouse to catch glimpses of the comings and goings of the Cardinal?
It’s interesting that media is not allowed into the courthouse during the testimony of the victims. Here in Canada media is allowed to sit in, but there is a publication ban and while they can hear the testimony they can not report anything barring such incidental observations as the demeanour and attire of the accuse, the numbers of persons present in the courtroom.
Anyway, two weeks it is. And it sure looks as though Richter is planning to mount a defence based on an offensive against the investigative officers?