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George Pell High Court decision LIVE: Cardinal freed from Barwon Prison

Orietta Guerrera and Bianca Hall

Updated April 7, 2020 — 4:56pm,first published April 7, 2020 — 9:54am

Summary

Cardinal George Pell has been driven from Barwon Prison a free man, following the High Court's unanimous decision overturning his convictions for child sex offences on Tuesday
There is "a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof", the High Court ruled

4.56pm on Apr 7, 2020

That's where we'll leave you, but first a quick recap

That's where we'll wrap up our live coverage of the High Court's decision to acquit George Pell.

A quick recap:

In a momentous turn of events Cardinal Pell, Australia's most senior Catholic cleric, today walked free from jail after Australia's highest court overturned his conviction for child sex offences.
Cardinal Pell, now residing at Carmelite Monastery in Kew, says he holds "no ill will" towards his accuser, and maintains his innocence. "I have consistently maintained my innocence while suffering from a serious injustice," he said in a statement.
Prime Minister Scott Morrison acknowledged the hurt many Australians may be feeling but said the "highest court in the land had made its decision and it must be respected".
Victims advocates say they are deeply disappointed in the ruling. Chrissie Foster, a leading advocate for victims of sexual assault, said she was concerned it might deter people reporting allegations of sex crimes to police.

We'll continue to cover the decision online into the evening and in tomorrow's newspaper. The court's judgment summary is available here.

Thanks for joining us.

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.

4.36pm on Apr 7, 2020

Could Cardinal Pell sue for wrongful conviction?

By Farrah Tomazin

George Pell spent more than a year in prison, but what are some of the legal implications now that his convictions have been quashed by the High Court?

The Carmelite Monastery in Kew, where George Pell is staying.AAP

Could he claim compensation for wrongful conviction? Is he able to sue for defamation?

In theory, Pell could sue Victoria Police or the complainant for the legal tort known as malicious prosecution.

However, experts agree that this would be highly unlikely, because of the extraordinarily high bar he’d have to meet in order to succeed.

“It would require him to prove that authorities knew there was nothing to this case, yet they went ahead anyway,” says Melbourne University Law School Professor Jeremy Gans.

“Tactically, it would also be a very foolish thing to do as it would reopen all sorts of questions...In other words: he won’t go there.”

On the flip side, Tuesday’s ruling won’t prevent any other complainants from suing Cardinal Pell or the Catholic Church in the civil court, where standard is based on the balance of probabilities, rather than “beyond reasonable doubt”.

“The burden of proof is very different in a civil court,” said Arnold Thomas Becker managing partner Lee Flanagan.

As news of Pell’s acquittal reverberated around the world on Tuesday, social media was awash with opinions - some more slanderous than others.

But this also raises an issue for the media and the public more broadly. Are people at risk of defamation if they continue to assert Pell’s guilt against the two choir-boys?

The short answer is yes - so exercise caution.

“Until today, Cardinal Pell was a convicted child sex offender, and anyone who said so wouldn’t be held liable,” says barrister and former Victorian Bar president Matt Collins QC.

“But anyone who says it after today would be exposed.”

4.28pm on Apr 7, 2020

ABC accused of being 'cheer squad' against Pell

The ABC has been slammed by Australian Catholic University vice-chancellor Greg Craven, who accused the broadcaster of being part of a "cheer squad" to see Cardinal Pell face trial.

Professor Craven, who has been a staunch supporter of Cardinal Pell, was being interviewed on ABC 24 about today's High Court decision when he criticised the ABC's coverage of the case.

"It wasn't a case whether you liked George Pell or whether you would like George Pell to be in jail. I think the truth was it was a case about whether it happened," he said.

"A large group of the ABC and a group of journalists did everything they could to put as much pressure to drown out any possible contraventions."

He then went on to accuse the ABC of working with police on "coincidental leaks" and, since this morning's decision, "trying to talk up" redacted parts of the royal commission report and the potential for other action against Cardinal Pell.

Professor Craven, who wrote a character reference for the Cardinal, also revealed he visited him twice in prison.

"I had no hesitation in doing so," he said.

"It is part of the Catholic religion to visit prisoners in jail. It is hardly surprising given what I said to you about that case, it was a case that had a reasonable doubt a mile wide that would rip it apart ."

4.18pm on Apr 7, 2020

Pell has found justice but his remaining days won’t be peaceful

Has Cardinal Pell walked scot-free?

The Age's former religion editor Barney Zwartz writes the polarising views on display have scarcely shifted from the beginning of Cardinal Pell's trial to today's conclusion. And it's not the end.

"Despite his criminal conviction now being overturned, Pell’s legal tests may not yet be over. Further civil cases may be brought against the dioceses of Ballarat and Melbourne, with their deeper pockets thanks to insurance cover, and Pell could be a witness in those cases," Zwartz writes.

"So Pell has not walked scot-free. In the Old Testament book of Two Kings, King David instructs his son and successor Solomon about Joab, the former commander of his army, “do not let his grey hair go down to the grave in peace”. Pell is 78 and frail, and yet some many battles may lie ahead. If those battles ensue, it will ensure that neither will Pell’s grey head go to the grave in peace."

Will Victoria now introduce judge-only trials?

In the corridors of Spring Street pressure is mounting on the the Andrews government on the question of whether to introduce judge-only trials in Victoria.

Attorney-General Jill Hennessy, pictured with Premier Daniel Andrews, has sought advice from her department on the issue.Scott McNaughton

Despite a number of high profile cases over the years, Victoria remains one of the few places where well-known defendants, such as Cardinal Pell, do not have the option of requesting that a judge alone oversee their criminal trial. NSW, Queensland and Western Australia all have the option of judge-only trials.

But the issue is divisive: some believe that reforming the law could provide people with the right to a fairer trial; others argue that every defendant should be judged by a jury of their peers.

Attorney-General Jill Hennessy has sought advice from her department, which has consulted with courts, Victoria Police, the Director of Public Prosecutions and other legal sector stakeholders.

“This is one of many issues I’m looking at and as with all significant reforms we need to be thorough in making sure it’s the right fit for Victoria,” she told The Age recently.

“The department is reviewing other jurisdictions and talking to stakeholders to determine the need here and I’ll carefully consider all the advice provided to me.”

Meanwhile, Ms Hennessy announced Jennifer Coate as the new chair of the victims of crime
consultative committee.

Justice Coate, a former commissioner of the Royal Commission into Institutional Responses to Child Sexual Abuse, boasts a 35-year legal career.

"The Victims of Crime Consultative Committee brings together victim representatives, the Victims of Crime
Commissioner, Victoria Police, the Office of Public Prosecutions, the judiciary, the Adult Parole Board, and victim service agencies," the announcement reads.

3.07pm on Apr 7, 2020

Watch: Cardinal Pell arrives at Carmelite Monastery

Aerial footage shows a now free Cardinal Pell moving slowly from the monastery grounds, walking inside.

2.41pm on Apr 7, 2020

High Court decision 'must be respected': Morrison

Prime Minister Scott Morrison was asked about the High Court's judgment while holding a press conference in Canberra on COVID-19 modelling and rent assistance measures.

Prime Minister Scott Morrison addresses the media on Tuesday. Alex Ellinghausen

While reluctant to divert from the coronavirus topic, he said the "highest court in the land had made its decision and it must be respected".

"The High Court has made its decision and I know for many Australians the memory of things - completely unrelated to that case which has now been addressed by the High Court - just the mere discussion of these topics brings back great hurt and when these things are raised my thoughts are always with them," he said.

"The High Court, the highest court in the land, has made its decision and it must be respected."

2.32pm on Apr 7, 2020

Pell's release comes in most significant week of Christian calendar

Roads were closed to allow the cardinal's convoy to make his way to the Carmelite Monastery in Kew, in east Melbourne.

Cardinal Pell entering the Carmelite Monastery in Kew after he was released from Barwon Prison. Channel Nine

Katrina Lee, a Catholic Church spokeswoman who supported Cardinal Pell in court, would not comment on whether his long-term plans include a return to the Vatican.

The timing of the decision is significant, coming in Holy Week - the most significant week on the Christian calendar, marking the end of Lent and the celebration of Christ's resurrection on Easter Sunday this weekend.

AAP

2.20pm on Apr 7, 2020

In pictures: Cardinal Pell leaves Barwon Prison

Age photographer Jason South was outside Barwon Prison with other waiting media when Cardinal George Pell was released after midday following the High Court decision. He left the prison in a four-car convoy.

Cardinal Pell was released from prison on Tuesday.Jason South

The High Court overturned Cardinal Pell's conviction for child sex offences.Jason South

Cardinal Pell traveled in a four-car convoy.Jason South

1.34pm on Apr 7, 2020

'Today's news may bring a range of emotions': Gillard

Former prime minister Julia Gillard, who established the royal commission into child sexual abuse in 2012, has encouraged Australians struggling with the High Court decision to seek help.

Ms Gillard, now chairwoman of Beyond Blue, said "recovery from sexual abuse in childhood can be complex and take time...it's important to know that support is available".

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