NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / World

Pell appeals: Jury could not have found cardinal guilty beyond reasonable doubt, defence says

Other
5 Jun, 2019 12:33 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Cardinal George Pell in Melbourne, Australia in February. Photo / AP file

Cardinal George Pell in Melbourne, Australia in February. Photo / AP file

The most senior Catholic found guilty of child sex abuse began his appeal in an Australian court today against his convictions on charges of molesting two choirboys in a cathedral more than 20 years ago as hundreds of worshippers streamed from Masses.

Australian Cardinal George Pell, 77, appeared in the Victoria state Court of Appeal wearing a cleric's collar for the hearing that is set to be heard by three judges today and tomorrow.

He has been held in a Melbourne prison since he was sentenced in March to six years in prison. He is held in special protective custody because pedophiles are regarded as being at higher risk of harm from other prisoners.

Pope Francis' former finance minister was convicted by a unanimous Victoria County Court jury in December of orally raping a 13-year-old choirboy and indecently dealing with the boy and the boy's 13-year-old friend in Melbourne's St Patrick's Cathedral in the late 1990s.

Pell had become archbishop of Melbourne only months before.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Court orders for months had prevented publication of the details of that trial and an earlier trial on similar charges that had ended in September with a deadlocked jury.

Pell's lawyer Bret Walker told Justices Anne Ferguson, Chris Maxwell and Mark Weinberg today that the main ground for appeal was that the jury could not have found Pell guilty beyond reasonable doubt on the evidence.

In written submissions, Pell's lawyers argue that more than 20 prosecution witnesses who had an official role in the Sunday Mass in 1996, after which the then-Archbishop Pell molested the boys in a rear room over five or six minutes, gave evidence that the offences did not or could not have occurred.

Advertisement
Advertise with NZME.

"This evidence constituted a catalogue of at least 13 solid obstacles in the path of a conviction," the submissions said.

"No matter what view was taken of the complainant as a witness, it was simply not open to a jury to accept his words beyond reasonable doubt," they added.

Professor Jeremy Gans, who heads Melbourne Law School and is an expert on Victoria criminal law, said Pell had a strong chance of winning the appeal on the ground that the verdicts were "unreasonable."

One of Pell's victims died of a heroin overdose in 2014 at the age of 31, apparently without making any accusation of abuse. State law prevents victims of sexual assault from being publicly identified.

Discover more

World

Climate change doomsday report predicts end of human civilisation

04 Jun 07:30 AM
World

He stayed at Tiananmen to the end. Now he wonders what it meant

04 Jun 09:24 PM
World

Deputy 'stood outside' instead of confronting Parkland gunman

04 Jun 09:55 PM
Royals

Donald Trump clarifies 'nasty' remark about Meghan

05 Jun 12:06 AM

If the appeal judges rule that the verdict is unsafe on the evidence, Pell would by acquitted and would not have to be retried. But Gans suspects the case could end up in the High Court, Australia's final appeals court.

"I think he's likely to win on the unsafe verdict ground," Gans said. "I'm sure whoever loses in the Court of Appeal is going to try to appeal in the High Court. Once it gets to the High Court, things get really unpredictable. They're the least predictable court in Australia."

Pell's lawyers have also said they will argue that the trial judge erred in not allowing them to use a video graphic in their closing address. They said the graphic would demonstrate that the crimes that were alleged would have been impossible.

A 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.

A victory on either of those grounds could result in Pell being retried. But he would likely be freed on bail until his third trial.

The Court of Appeal hears more challenges to the severity of sentences than applications like Pell's to have convictions overturned.

Advertisement
Advertise with NZME.

The Sentencing Advisory Council, a state government-funded advisory body, found last year that of the 230 appeals heard against Victoria court decisions in the 2013-14 financial year, only 49 were lodged by defendants solely against verdicts. The research did not show how many of those appeals against convictions succeeded.

In appeals against the severity of sentences, 29 per cent of defendants succeeded, while 70 per cent of prosecution appeals convinced the Court of Appeal to deliver tougher sentences.

While Pell remains Australia's highest-ranking Catholic, the Vatican has launched its own investigation into his convictions.

-AP

Save

    Share this article

Latest from World

World

Zohran Mamdani clinches Democratic nomination for New York mayor

01 Jul 10:34 PM
Premium
World

What does President Trump’s new perfume smell like?

01 Jul 10:05 PM
World

Trump hails new 'Alligator Alcatraz' migrant detention centre

01 Jul 09:37 PM

There’s more to Hawai‘i than beaches and buffets – here’s how to see it differently

sponsored
Advertisement
Advertise with NZME.

Latest from World

Zohran Mamdani clinches Democratic nomination for New York mayor

Zohran Mamdani clinches Democratic nomination for New York mayor

01 Jul 10:34 PM

He faces a quickly mobilising opposition ahead of the general election.

Premium
What does President Trump’s new perfume smell like?

What does President Trump’s new perfume smell like?

01 Jul 10:05 PM
Trump hails new 'Alligator Alcatraz' migrant detention centre

Trump hails new 'Alligator Alcatraz' migrant detention centre

01 Jul 09:37 PM
Macron, Putin hold talks for first time in years, discuss Ukraine ceasefire

Macron, Putin hold talks for first time in years, discuss Ukraine ceasefire

01 Jul 09:27 PM
From early mornings to easy living
sponsored

From early mornings to easy living

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP