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March 13, 201911:38am
Silence in courtroom as sentence read out
In contrast to the cheers heard outside, news.com.au reporter Rohan Smith said there was silence in the courtroom after the sentence was handed down.
Judge Kidd asked Pell to stand up before the sentence was read out.
“Pell had to haul himself up from the dock by grabbing the bench in front of him,” Smith reported. “He stood and showed no emotion as his sentence was read out,” he said.
“He sat and waited for the sex offender register paperwork to be brought to him for signing. “A barrister explained it to him and he signed it. He bowed to the judge before he was led away and the courtroom was silent.”
Pell will be on the sex offender register for life and he will also have to supply a forensic sample to police.
There were five charges that Pell was sentenced for. On the first charge he got two years and six months, on the second charge (for sexual penetration) he got four years, Pell got two years and six months for the third charge, 15 months for the fourth charge and 18 months for the fifth charge (for the second incident).
In terms of his jail sentence, the judge said the sentence of four years was the “base sentence” and added a further 12 months for charge one, four months for charge three, two months for charge four and six months for charge five.
“This means that I sentence you to a total effective sentence of six years imprisonment,” the judge said.
Pell must serve at least three years and eight months before being eligible to apply for parole.
Pell sentenced to six years
Judge Kidd has sentenced Pell to six years imprisonment with a non-parole period of three years and eight months.
Cheers were heard outside court as the sentence was heard.
News.com.au reporter Rohan Smith said Pell stood emotionless in the dock as the sentence was read out. He signed paperwork for the sex offender register and bowed to the judge before being led away.
The negative publicity and stigma is relevant
Judge Kidd acknowledged that the publicity surrounding Pell’s case made the resumption of his earlier life, including his career, impossible.
“I accept the position of your parties and counsel in particular that I should make allowance for these matters in my sentence, and I have done so,” he said.
The judge also accepted that Pell’s situation was “somewhat unique” and the extremely high-profile nature of the case gave rise to security and safety concerns in prison.
However, the judge rejected that the broadcast of the sentencing would have a material impact on the publicity and Pell’s experience in custody.
“These sentencing remarks would, in any event, have always been delivered orally in open court and would have been reported upon by the media without restriction,” he said.
Pell’s age and good character is a factor
Pell is 77 years old and Judge Kidd said his age was a significant factor in his sentencing.
“Of some real importance in my sentencing exercise is the fact that each year you spend in custody will represent a substantial portion of your remaining life expectancy,” he said.
“I am conscious that the term of imprisonment, which I am about to impose upon you, carries with it a real, as distinct from theoretical, possibility that you may not live to be released from prison.
“Facing jail at your age in these circumstances must be an awful state of affairs for you. You are also clearly someone with some significant enough health issues.
“I have no doubt that you will experience some stress while in custody. I will make allowance for these matters.”
The judge said he would also take Pell’s character references into account.
“In addition to not having any prior convictions, I am satisfied that the evidence before me is that you are someone who has been, in the last 22 years, since the offending, of otherwise good character.
“I sentence you upon the basis that these episodes, viewed together, constitute isolated offending. I make substantial allowance for your good character and otherwise blameless life.”
Chief Judge Peter Kidd delivers George Pell sentence at the Victorian County Court on Wednesday 13 March 2019. Picture: ABCSource:ABC
It doesn’t even approach “low-end” offending
The judge has noted that Pell’s lawyer described the offending as towards the lower end of the spectrum of seriousness but said he rejected this.
“In my view, it does not even approach the low-end of offending.”
Even though there was no grooming, the judge said he thought Pell had made a “reasoned and deliberate decision” to engage in the first episode of offending.
“You had time to reflect on your behaviour as you offended, yet you failed to desist,” Judge Kidd said.
The judge said the breach of trust and abuse of power made the offending significantly more serious.
“In my view, your conduct was permeated by staggering arrogance,” he said.
“I consider in particular that the sexual penetration offence is very clearly a serious example of that offence and that the indecent acts encompassed by charges one and three are also serious examples of that offence.”
Pell breached “trust” and abused his position
The judge says: “In any event, Cardinal Pell, I find beyond reasonable doubt that, on the specific facts of your case, there was a clear relationship of trust with the victims, and you breached that trust and abused your position to facilitate this offending.”
The judge noted one of the victims said the choirboys were expected to show reverence in Pell’s presence.
“The evidence shows that you were profoundly revered, Cardinal Pell, which imbued you with and legitimised your authority,” he said.
“In part, the choirboys were performing to please you as Archbishop.”
He said the breach of trust was “grave”.
Abuse survivors in tears as the judge’s comments are heard
The offending was “breathtakingly arrogant”
The judge said there was a “nasty element” to one of the acts that involved Pell taking one of the boy’s head and placing the penis in close proximity to his head.
“The conduct here must have been particularly confronting and debasing.”
He said additional force was used to push his penis into the other boy’s mouth.
“There is an added layer of degradation and humiliation that each of your victims must have felt in knowing that their abuse had been witnessed by the other,” he said.
“The offending which the jury has found you have engaged in was, on any view, breathtakingly arrogant.”
A ‘brazen and forcible attack’
Chief Judge Kidd said Pell’s attack was graphic and caused obvious distress to the victims.
Part of the evidence submitted was that Pell told one of the boys to be quiet as he was crying.
“Both victims were visibly and audibly distressed during this offending,” the judge said.
“The obvious distress and objections of your victims is relevant to my assessment of the impact of your offending.”
“I must punish you for your offending”
Chief Judge Peter Kidd has begun his remarks by acknowledging that Pell was “one of the most senior figures within the Catholic Church globally” and a “publicly vilified figure” among some sections of the community.
“I am also conscious that I am sentencing at a particular time where in recent years there has been the exposure of child sexual abuse within institutional settings, including within the Catholic Church.”
However, he said he was required to sentence him today in “accordance with the rule of law”.
“As I directed the jury who convicted you in this trail, you are not to be made a scapegoat for any failings or perceived failings of the Catholic Church.
“Most importantly, while I must punish you for your offending, like anyone who falls to be sentenced by our courts, you are entitled to the balanced and steady hand of justice.”
Cardinal George Pell. Picture: David Crosling/AAPSource:AAP
12 March 2019
‘A jury has unanimously accepted the truth’
One of the victims of George Pell’s sexual abuse released the following statement after Chief Judge Peter Kidd sentenced the cardinal.
“It is hard for me to allow myself to feel the gravity of this moment, the moment when the sentence is handed down. The moment when justice is done. It is hard for me, for the time being, to take comfort in this outcome. I appreciate that the court has acknowledged what was inflicted upon me as a child, however there is no rest for me.
Everything is overshadowed by the forthcoming appeal.
I am aware of a lot of public comment by people who are critical of my evidence. But only the judge, the jury, Pell and the legal teams have heard my evidence.
Regardless of the outcome of the appeal, a few facts will always remain.
I gave evidence for several days. I was cross-examined by Pell’s defence counsel. A jury has unanimously accepted the truth of my evidence.
Pell chose not to give evidence. The jury did not hear from him. He did not allow himself to be cross-examined.
I have played my part as best I can. I took the difficult step of reporting to police about a high-profile person and I stood up to give my evidence. I’m waiting for the outcome of the appeal like everybody else.
Being a witness in a criminal case has not been easy. I’m doing my best to hold myself and my family together. I would like to thank the media for respecting my wish to keep my identity private and keep my loved ones out of the spotlight.”
Prosecutor leaves court
By Tom Cowie
Prosecutor Mark Gibson SC did not speak to the media as he left court, however he did appear to be happy with the outcome as he brushed away questions.
Support for police
By Tom Cowie
When the detectives who led the investigation left court they were greeted with the words: “Three cheers for Victoria Police, hip hip hooray.”
Pell signs sex offenders register
By Paul Sakkal
Upon delivering his sentence, Chief Judge Kidd asked George Pell to sign the sex offenders register.
Pell did so quietly with the assistance of a clerk.
Tears could be heard in the back row of the court room as Pell’s tally of prison sentences was read out.
Pell bowed to the judge and exited the courtroom at 11.12am.
Chief Judge Kidd said he imposed a shorter non-parole period than otherwise due to Pell’s age in order to “increase prospect of you living out the last part of your life in the community”.
Sentencing Pell is “certainly not simple”, says Chief Judge Kidd, who said he needed to take into consideration just punishment as well as Pell’s personal circumstances and potential life in prison.
Supporter puts hand to her face and cries
By Adam Cooper
George Pell stood with arms behind his back as the judge read out the sentence and did not react.
One of his supporters put a hand to her face and cried when the sentence was read out, while another woman consoled her.
The court room was quiet throughout the hour-long sentence, including as Judge Kidd announced the jail term, and almost everyone in the room turned and watched Pell in the dock.
Pell used his walking stick to leave the dock under the escort of four prison guards. No one said anything and he did not acknowledge anyone.
‘He destroyed lives’
By Tom Cowie
There was a cheer outside court from abuse survivor advocates as George Pell was sentenced.
But members of the Care Leavers Australasia Network said the jail term was too light.
“He destroyed lives,” said one.
“A small dose of justice (has been served)…At least he’s in jail, at least he didn’t get off.”
Another said: “Australian children are safer today.”
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George Pell sentenced to 6 years’ jail for sexually abusing two choirboys
Cardinal George Pell has been sentenced to six years’ jail for sexually abusing two choirboys when he was Catholic archbishop of Melbourne in the 1990s.
The Guardian
12 March 2019
Key points:
- Pell will be eligible for parole after three years and eight months
- The chief judge said Pell’s abuse of the two choirboys was “brazen and forcible”
- But he said Pell must not be punished for the suffering of sexual abuse survivors generally
Pell was found guilty by a jury last December of sexually abusing the choirboys after a Sunday mass in December 1996 and then assaulting one of them a second time two months later.
The man who was once Australia’s most powerful Catholic sat in the dock dressed in a black shirt and a grey blazer, without a clerical collar, as County Court Chief Judge Peter Kidd delivered his sentence.
The chief judge described Pell’s abuse of two choirboys in the sacristy at St Patrick’s Cathedral as “a brazen and forcible sexual attack on the victims”.
“The acts were sexually graphic, both victims were visibly and audibly distressed during the offending,” he said.
“There is an added layer of degradation and humiliation that each of your victims must have felt in knowing that their abuse had been witnessed by the other.”
Photo: Cardinal George Pell was found guilty of five counts of child sex abuse in February. (AAP: David Crosling)
The chief judge said Pell’s abuse had had a “significant and long-lasting impact” on the wellbeing of one of his victims, whom he referred to as J.
“J has experienced a range of negative emotions which he has struggled to deal with for many years since this offending occurred … he has found it difficult because of issues of trust and anxiety.”
“I take into account the profound impact your offending has had on J’s life.”
The chief judge said he did not have the benefit of a victim impact statement from his other victim, referred to as R, who died of a heroin overdose in 2014 and never reported the abuse.
“However on the basis of J’s account at trial I am able to say your offending must have had an immediate and significant impact on R,” Chief Judge Kidd said.
“Whilst it is not possible for me to quantify the harm caused, or articulate precisely how it impacted on R in the long run, I have no doubt that it did in some way.”
The chief judge gave permission for the hearing to be broadcast live by media outlets and the court room was packed with abuse survivors, advocates and journalists.
Photo: Members of the public who could not get a seat in the courtroom watched proceedings on the internet. (AAP: Daniel Pockett)
Judge condemns ‘witch hunt’ mentality
In one part of his more than 30-minute sentence, Chief Judge Kidd condemned a “lynch mob” mentality against Pell:
In sentencing you today Cardinal Pell, I am not sitting in judgement of the Catholic religion or the Catholic Church.
It is George Pell who falls to be sentenced.
We have witnessed outside of this court and within our community examples of a witch hunt [or] lynch mob mentality in relation to you, Cardinal Pell.
I utterly condemn such behaviour, that has nothing to do with justice of civilised society. The courts stand as a bulwark against such irresponsible behaviour.
To other victims of clerical or institutional sexual abuse, who may be present in court today or watching or listening elsewhere, this sentence is not and cannot be a vindication of your trauma.
Cardinal Pell has not been convicted of any wrongs convicted against you.
Cardinal Pell does not fall to be punished for any such wrongs.
I recognise that you seek justice, but it can only be justice if it is done in accordance to law.
For me to punish Cardinal Pell for the wrongs committed against you would be contrary to the rule of law and it would not be justice at all.
Pell will serve a minimum of three years and eight months in jail before he will be eligible for parole.
“I will impose a shorter non-parole period than I otherwise would have been inclined to impose in recognition in particular of your age, so as to increase the prospect of you living out the last part of your life in the community,” the chief judge said.
Pell’s crimes committed at cathedral
The court heard that Pell abused the choirboys, who cannot be identified, after celebrating one of his first Sunday masses as archbishop at St Patrick’s Cathedral in East Melbourne.
He caught them drinking altar wine in the priest’s sacristy, which was off limits to the choir.
One of the former choirboys gave evidence Pell had planted himself in the doorway and said something like “what are you doing here?” or “you’re in trouble”.
The then-archbishop moved his robes to expose his penis and forced one of the boys’ heads down towards it.
The trial heard one of the choirboys asked: “Can you let us go? We didn’t do anything.”
But instead Pell moved onto the other choirboy. He pushed the boy’s head down to his crotch and orally raped him.
After a few minutes, Pell ordered the boy to remove his pants and then molested him as he masturbated.
Pell abused that boy a second time two months later, after another Sunday mass when he pushed him up against the wall of a corridor in the back of the cathedral and groped him briefly.
Evidence of the abuse came from that former choirboy alone, who was the victim of two assaults.
Photo: Pell abused the choirboys after celebrating one of his first Sunday masses as archbishop at St Patrick’s Cathedral. (ABC News: Danielle Bonica)
Pell continues to deny he sexually abused the boys.
He is appealing against his conviction on three grounds including that the jury verdict was unreasonable.
The Court of Appeal will hear the appeal over two days in June.
More to come.