Sędzia Peter Kidd |
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. 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."
"There was a clear relationship of trust with the victims and you breached that trust and abused your position to facilitate this offending," the chief judge said.
"I would characterise these abuses and breaches as grave."
'Breathtakingly arrogant' offending.Chief Judge Kidd said the power imbalance between the victims and Pell as a senior church official was "stark". "The brazenness of your conduct is indicative of your sense of authority and power in relation to the victims," he said."You may have thought you could control the situation by reason of your authority, as archbishop, whether or not that belief was well-founded."Such a state of mind would have been extraordinarily arrogant, but the offending which the jury has found you have engaged in was in any view breathtakingly arrogant."
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.
In a statement read by his lawyer, Vivian Waller, Pell's surviving victim said he appreciated the court had "acknowledged what was inflicted upon me as a child"."It is hard for me to allow myself to feel the gravity of this moment … the moment when justice is done."He said it was hard for him to "take comfort" in Pell's sentence, because the moment had been "overshadowed" by Pell's appeal against his conviction."I have played my part as best I can," he said."I took the difficult step of reporting to police about a high-profile person and I stood up to give my evidence."I am waiting for the outcome of the appeal like everybody else," he said.
The father of Pell's late victim, expressed disappointment over Pell's sentence in a statement issued via his lawyer, Lisa Flynn of Shine Lawyers. "Our client is disappointed with the short sentencing and has expressed sadness over what he believes is inadequate for the crime," Ms Flynn said.
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Judge condemns 'witch hunt' mentality.In one part of his more than 60-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 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.
The chief judge said in determining Pell's sentence he had taken into account Pell's heart problems and high blood pressure, conditions which were likely to be aggravated by stress in prison.
"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.He also said he made allowance for Pell's "good character and otherwise blameless life" in the 22 years since his offending.
He said as Pell had maintained his innocence, which was his right, there was no evidence of remorse or contrition on Pell's part to reduce his sentence.
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