ACQUITTED! Cardinal George Pell released from prison

ACQUITTED! Cardinal George Pell released from prison

by William Mahoney, Ph.D.  •  April 7, 2020

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Cardinal George Pell: “I’m looking forward, finally, to having my day in court.”

After spending over a year behind bars, Cdl. Pell was immediately released on Tuesday when the High Court of Australia overturned a child sex abuse conviction from December 2018.

In a unanimous decision of seven to zero, the court overturned one charge of sexual penetration and four charges of committing an act of indecency involving two altar boys under 16 roughly 23 years ago, and ordered: “the appeal be allowed; and “the appellant’s convictions be quashed and judgments of acquittal be entered in their place.”

Cardinal Pell’s name will be removed from Australia’s register of child sex offenders.

The High Court found that the jury which convicted Pell ought to have entertained a doubt as to his guilt when “acting rationally on the whole of the evidence.”

Australian journalist Andrew Bolt described what happened to Pell on Sky News as an initial failure of the justice system: “This was one of the greatest miscarriages of justice in Australian history.”

When Pell’s appeal was shot down in August of 2019, the Vatican responded politically, merely acknowledging “the court’s decision to dismiss Cdl. Pell’s appeal” and recalling “that the cardinal has always maintained his innocence throughout the judicial process.”

After Pell’s acquittal, Pope Francis said in a homily Tuesday, “I would like to pray today for all those people who suffer unjust sentences resulting from intransigence.”

The pontiff did not name Pell specifically.

In a statement, Pell said: “I have consistently maintained my innocence while suffering from a serious injustice. … I hold no ill will toward my accuser. I do not want my acquittal to add to the hurt and bitterness so many feel; there is certainly hurt and bitterness enough.”

Cardinal George Pell — today, a free man.

Read the source: https://www.churchmilitant.com/news/article/acquitted

Cardinal George Pell, absolved: “I have consistently maintained my innocence”

April 7,2020

The primary leader of the Australian Church was a victim of a judicial error and an injustice.

He was accused of abuse and sentenced to six years in prison, of which he’s served one.

However, the High Court of Australia said he was sentenced without sufficient evidence and thus, must be absolved. It was seven judges’ unanimous decision.

“The High Court found that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant’s guilt with respect to each of the offences for which he was convicted, and ordered that the convictions be quashed and that verdicts of acquittal be entered in their place.”

The 78-year-old cardinal has been released from prison. He says he holds no ill will toward his accuser, and that he has always maintained his innocence.

CARD. GEORGE PELL
June 29, 2017
“I’m innocent of these charges. They are false. The whole idea of sexual abuse is abhorrent to me.”

A few hours after the court announced its decision, the pope celebrated Mass and prayed for all those who have been unjustly condemned.

POPE FRANCIS
“In these days of Lent, we’ve seen the persecution Jesus suffered, and how the doctors of the Law were relentlessly set against him. He was judged under relentless hatred, with relentless hatred, being innocent. I would like to pray today for all the people who suffer unjust sentences because of unrelenting hatred.”

This court decision is definitive, and the cardinal is free once again. It is unknown whether or not the cardinal will be compensated because of the judicial error.

The Australian bishops said the court’s decision does not change their commitment to fighting abuse. They say “any person with allegations of sexual abuse by Church personnel should go to the police.”

JMB/CT

Cardinal George Pell

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Australia’s High Court Rules in Favor of Cardinal Pell’s Appeal

Will be Free for Easter

The High Court of Australia has ruled in favor of Cardinal George Pell in his appeal of a lower-court conviction of child abuse. According to local news sources, the Cardinal would be released from jail in a matter of hours.

“Today, the High Court granted special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria and unanimously allowed the appeal.,” the court said. “The High Court found that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant’s guilt with respect to each of the offences for which he was convicted, and ordered that the convictions be quashed and that verdicts of acquittal be entered in their place.”

Two justices of the Australian High Court announced on November 13, 2019, that they were referring Cardinal Pell’s request for appeal to the seven members of the High Court, reported. The members of the High Court accepted Pell’s request to appeal an earlier conviction for the sexual assault of two under-aged boys, which allegedly took place in the sacristy of Melbourne’s Cathedral in 1996 when he was the local Archbishop.

Cardinal Pell was convicted in February 2019, on historical charges of sexual abuse of minors. He has always maintained his innocence.

The first trial ended in a hung jury; a second jury unanimously entered a guilty verdict.

On presenting the appeal to the High Court in September, Cardinal Pell’s lawyers rested their case to overturn the conviction on the dissenting opinion of Justice Mark Weinberg, one of three judges of the Supreme Court of the Australian State of Victoria.

“The High Court of Australia has today announced that it has quashed Cardinal George Pell’s convictions on historical sexual abuse charges,” said Archbishop Mark Coleridge, President of the Australian Catholic Bishops Conference in a written statement. “The Court has ordered that he be released from prison.

“Today’s outcome will be welcomed by many, including those who have believed in the Cardinal’s innocence throughout this lengthy process.

“We also recognize that the High Court’s decision will be devastating for others. Many have suffered greatly through the process, which has now reached its conclusion.

“The result today does not change the Church’s unwavering commitment to child safety and to a just and compassionate response to survivors and victims of child sexual abuse. The safety of children remains supremely important not only for the bishops, but for the entire Catholic community. Any person with allegations of sexual abuse by Church personnel should go to the police.”

Following is the full statement issued by the High Court:

PELL v THE QUEEN [2020] HCA 12

Today, the High Court granted special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria and unanimously allowed the appeal. The High Court found that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant’s guilt with respect to each of the offences for which he was convicted, and ordered that the convictions be quashed and that verdicts of acquittal be entered in their place.

On 11 December 2018, following a trial by jury in the County Court of Victoria, the applicant, who was Archbishop of Melbourne at the time of the alleged offending, was convicted of one charge of sexual penetration of a child under 16 years and four charges of committing an act of indecency with or in the presence of a child under the age of 16 years. This was the second trial of these charges, the jury at the first trial having been unable to agree on its verdicts. The prosecution case, as it was left to the jury, alleged that the offending occurred on two separate occasions, the first on 15 or 22 December 1996 and the second on 23 February 1997. The incidents were alleged to have occurred in and near the priests’ sacristy at St Patrick’s Cathedral in East Melbourne, following the celebration of Sunday solemn Mass. The victims of the alleged offending were two Cathedral choirboys aged 13 years at the time of the events.

The applicant sought leave to  appeal against  his convictions  before  the  Court  of Appeal.  On  21 August 2019 the Court of Appeal granted leave on a single ground, which contended that the verdicts were unreasonable or could not be supported by the evidence, and dismissed the appeal. The Court of Appeal viewed video-recordings of a number of witnesses’ testimony, including that of the complainant. The majority, Ferguson CJ and Maxwell P, assessed the complainant to be a compelling witness. Their Honours went on to consider the evidence of a number of “opportunity witnesses”, who had described the movements of the applicant and others following the conclusion of Sunday solemn Mass in a way that was inconsistent with the complainant’s account. Their Honours found that no witness could say with certainty that these routines and practices were never departed from and concluded that the jury had not been compelled to entertain a reasonable doubt as to the applicant’s guilt. Weinberg JA dissented, concluding that, by reason of the unchallenged evidence of the opportunity witnesses, the jury, acting rationally on the whole of the evidence, ought to have had a reasonable doubt.

On 17 September 2019, the applicant applied to the High Court for special leave to appeal from the Court of Appeal’s decision on two grounds. On 13 November 2019, Gordon and Edelman JJ referred the application for special leave to a Full Court of the High Court for argument as on an appeal. The application was heard by the High Court on 11 and 12 March 2020.

The High Court considered that, while the Court of Appeal majority assessed the evidence of the opportunity witnesses as leaving open the possibility that the complainant’s account was correct, their Honours’ analysis failed to engage with the question of whether there remained a reasonable possibility that the offending had not taken place, such that there ought to have been a reasonable doubt as to the applicant’s guilt. The unchallenged evidence of the opportunity witnesses was inconsistent with the complainant’s account, and described: (i) the applicant’s practice of greeting congregants on or near the Cathedral steps after Sunday solemn Mass; (ii) the established and historical Catholic church practice that required that the applicant, as an archbishop, always be accompanied when robed in the Cathedral; and (iii) the continuous traffic in and out of the priests’ sacristy for ten to 15 minutes after the conclusion of the procession that ended Sunday solemn Mass.

The Court held that, on the assumption that the jury had assessed the complainant’s evidence as thoroughly credible and reliable, the evidence of the opportunity witnesses nonetheless required the jury, acting rationally, to have entertained a reasonable doubt as to the applicant’s guilt in relation  to the offences involved in both alleged incidents. With respect to each of the applicant’s convictions, there was, consistently with the words the Court used in Chidiac v The Queen (1991) 171 CLR 432 at 444 and M v The Queen (1994) 181 CLR 487 at 494, “a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof”.

  • This statement is not intended to be a substitute for the reasons of the High Court or to be used in any later consideration of the Court’s

PELL CONVICTION QUASHED

by Stephen Wynne  •  April 6, 2020

Cardinal to walk free after High Court overturns sex abuse conviction

BRISBANE, Australia (ChurchMilitant.com) – Cardinal George Pell is being freed after 13 months in prison.

The High Court of Australia on Tuesday overturned Cdl. Pell’s conviction on one charge of sexual penetration of a child under 16 years and four charges of committing an act of indecency with or in the presence of a child under the age of 16 years.

Pell is to be freed immediately. The cardinal’s name will also be removed from Australia’s register of child sex offenders.

The ruling marks a stunning turnaround for Pell, who had lost every previous bid to prove his innocence. According to Tuesday’s ruling:

The High Court found that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to the applicant’s guilt with respect to each of the offences for which he was convicted, and ordered that the convictions be quashed and that verdicts of acquittal be entered in their place.

In December 2018, a jury found Pell guilty of abusing two altar boys in the 1990s, when he was serving as archbishop of Melbourne. Throughout the trial and after, the cardinal held fast to his innocence, but in March 2019, Justice Peter Kidd sentenced Pell to six years in prison, declaring that by categorically denying the charges against him, Pell showed “no evidence of remorse or contrition” that would justify a reduction in punishment.

The only basis for long-term healing is truth and the only basis for justice is truth, because justice means truth for all.Tweet

But on Tuesday, the High Court found that the analysis of lower court judges “failed to engage with the question of whether there remained a reasonable possibility that the offending had not taken place, such that there ought to have been a reasonable doubt as to the applicant’s guilt.”

The justices echoed what Pell’s supporters have long argued — that the allegations against the cardinal simply didn’t hold water:

The Court held that, on the assumption that the jury had assessed the complainant’s evidence as thoroughly credible and reliable, the evidence of the opportunity witnesses nonetheless required the jury, acting rationally, to have entertained a reasonable doubt as to the applicant’s guilt in relation to the offenses involved in both alleged incidents. With respect to each of the applicant’s convictions, there was … “a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof.”

In a statement issued shortly after the decision, Cdl. Pell reiterated his innocence.

“I have consistently maintained my innocence while suffering from a serious injustice. This has been remedied today with the High Court’s unanimous decision. I look forward to reading the judgment and reasons for the decision in detail,” he said.

“I hold no ill will toward my accuser. I do not want my acquittal to add to the hurt and bitterness so many feel; there is certainly hurt and bitterness enough,” Pell noted.

“However my trial was not a referendum on the Catholic Church; nor a referendum on how Church authorities in Australia dealt with the crime of pedophilia in the Church. The point was whether I had committed these awful crimes, and I did not,” he said. “The only basis for long-term healing is truth and the only basis for justice is truth, because justice means truth for all.”

The cardinal also expressed his gratitude to his many supporters across the world.

“A special thanks for all the prayers and thousands of letters of support,” he said. “I want to thank in particular my family for their love and support and what they had to go through; my small team of advisors; those who spoke up for me and suffered as a result; and all my friends and supporters here and overseas.”

“Also my deepest thanks and gratitude to my entire legal team for their unwavering resolve to see justice prevail, to throw light on manufactured obscurity and to reveal the truth,” he said.

Read the source: https://www.churchmilitant.com/news/article/pell-conviction-quashed

Copyright: Vatican Media

ACQUITTED: In Unanimous Vote, Australian High Court Overturns Cardinal Pell’s Conviction

While Expressing ‘Respect’ for Australian Courts & Closeness to Victims, Vatican Had Recalled He Has Maintained His Innocence

In an unanimous vote, the conviction of Cardinal George Pell has been overturned by Australia’s High Court, and the acquitted cardinal, who has always maintained his innocence, walks free after hundreds of days in jail, days before Easter.

Australia’s High Court Rules in Favor of Cardinal Pell’s Appeal

“The Holy See, which has always expressed confidence in the Australian judicial authority,” the Holy See Press Office said in an April 7 statement,  “welcomes the High Court’s unanimous decision concerning Cardinal George Pell, acquitting him of the accusations of abuse of minors and overturning his sentence.”

“Entrusting his case to the court’s justice,” it continued, “Cardinal Pell has always maintained his innocence, and has waited for the truth to be ascertained.”

“At the same time,” it underscored, “the Holy See reaffirms its commitment to preventing and pursuing all cases of abuse against minors.”

On Nov. 13, 2019, two justices of the Australian High Court announced they would refer the Australian prelates’s request for appeal to the seven members of the High Court.

Today, the members of the High Court accepted Cardinal Pell’s request to appeal an earlier conviction for the sexual assault.

In March 2019, Cardinal Pell was given a sentence of six years, with possible parole after three years and eight months. The Cardinal’s appeal was heard by a panel of three judges of the Supreme Court, June 5-6. Today, Aug. 21, at 9:30 a.m. in Melbourne, the judges handed down a two to one ruling, dismissing the appeal.

The Cardinal maintained his innocence and appealed their decision to the High Court of Australia.

The Director of the Holy See Press Office, Matteo Bruni, issued the following statement in Italian and English this morning, which reaffirms ‘respect’ for the Australian judicial system and closeness to victims of abuse, but reminds that Cardinal Pell “has maintained his innocence” and “has the right to appeal to the High Court.

Here is the full text:

“While reiterating its respect for the Australian judicial system, as stated on 26 February after the first instance verdict was announced,” the statement began, “the Holy See acknowledges the court’s decision to dismiss Cardinal Pell’s appeal.”

“As the proceedings continue to develop,” it reminded, “the Holy See recalls that the Cardinal has always maintained his innocence throughout the judicial process and that it is his right to appeal to the High Court.”

“At this time, together with the Church in Australia, the Holy See confirms its closeness to the victims of sexual abuse and its commitment to pursue, through the competent ecclesiastical authorities, those members of the clergy who commit such abuse,” the statement concluded.

Cardinal Pell’s spokesman also issued a brief statement after this ruling, confirming they will appeal and he maintains his innocence.

“Cardinal Pell is obviously disappointed with the decision today. However his legal team will thoroughly examine the judgement in order to determine a special leave application to the High Court.

“While noting the 2-1 split decision, Cardinal Pell maintains his innocence.
We thank his many supporters,” it concluded.

In response to journalists’ inquiries, Matteo Bruni, later this morning, also clarified questions on the progress of the internal Church investigation that had been opened by CDF, following the sentence.

“As in other cases,” he stated, “the Congregation for the Doctrine of the Faith is awaiting the outcome of the ongoing proceedings and the conclusion of the appellate process prior to taking up the case.”

“As was stated by the Holy See Press Office on 26 February, the Holy Father had already confirmed the precautionary measures imposed on Cardinal Pell upon his return to Australia, that is, as is the norm, the prohibition from exercising public ministry and from any voluntary contact whatsoever with minors,” it concluded.

On Feb. 26, the Holy See Press Office Director ‘ad interim’ Alessandro Gisotti said that with maximum respect to Australian authorities and the country’s judicial system, the Holy See awaits the results of the appeal process, , in response to the court judgments in Melbourne, Australia, regarding the Australian Cardinal who had been Prefect of the Vatican Secretariat for the Economy, until his term expired the month before.

Cardinal Pell has insisted that he has returned to Australia to clear his name of false sexual abuse charges against him. Cardinal Pell is no longer an advisor or member of the Pope’s Council of Cardinals. The Pope has thanked him for his service. The court had found him guilty of historic sexual abuses against minors.  The statement stated that this is “painful news, that as we are well aware, has shocked numerous people, not only in Australia,  and that “as already affirmed in other occasions, we reiterate maximum respect for the Australian judicial authorities.”

“Always with this respect,” it continued, “we now wait for the outcome of the appeal process, remembering that Cardinal Pell has reiterated his innocence and has the right to defend himself until the last level.”

The statement did also note though, that while the cardinal is appealing his appeal, until there is a definitive ruling, “Cardinal Pell is prohibited from public ministry” and “contact, in any way or form, with minors.”

Vatican Press Office, Greg Burke, on May 1, 2018, in response to the court judgments in Melbourne, Australia, had stated: “Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.” The text was published that morning in Rome, after the decision of the Melbourne court to have the Prelate appear before a tribunal.

At that time, the court dismissed several charges but still was still having him stand trial. The Cardinal rejected the accusations brought against him and plead not guilty. The nature of the alleged cases was not identified.

This was Greg Burke’s declaration: “The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell. Last year, the Holy Father granted Cardinal Pell a leave of absence so he could defend himself from the accusations. The leave of absence is still in place.”

Before leaving for Australia to defend himself, Cardinal Pell explained his decision in the Holy See Press Office with journalists. The Holy See Press Office issued a statement regarding the cardinal and the situation.

“The Holy Father,” it noted, “having been informed by Card. Pell, has granted the Cardinal a leave of absence so he can defend himself.’

“The Holy Father,” it added, “who has appreciated Cardinal Pell’s honesty during his three years of work in the Roman Curia, is grateful for his collaboration, and in particular, for his energetic dedication to the reforms in the economic and administrative sector, as well as his active participation in the Council of Cardinals (C9).”

“The Holy See expresses its respect for the Australian justice system that will have to decide the merits of the questions raised. At the same time, it is important to recall that Card. Pell has openly and repeatedly condemned as immoral and intolerable the acts of abuse committed against minors; has cooperated in the past with Australian authorities (for example, in his depositions before the Royal Commission); has supported the Pontifical Commission for the Protection of Minors; and finally, as a diocesan bishop in Australia, has introduced systems and procedures both for the protection of minors and to provide assistance to victims of abuse,” it concluded.

Read the source: https://zenit.org/articles/acquitted-in-unanimous-vote-australian-high-court-overturns-cardinal-pells-conviction/

PELL ACQUITTAL EXPOSES VATICAN HYPOCRISY

by Bradley Eli, M.Div., Ma.Th.  •  April 7, 2020

Pope’s approach toward cardinal questioned

VATICAN CITY (ChurchMilitant.com) – Pope Francis is praying for those who are persecuted by an unjust sentence. He did so shortly after news broke that Australia’s High Court acquitted Cdl. George Pell of sex abuse.

Without mentioning Pell’s name in his homily at Casa Santa Marta on Tuesday Francis said, “I would like to pray today for all the people who suffer an unjust sentence because of aggressive persistence [against them].”

Cdl. George Pell
(CNS/Mark Dadswell, Reuters)

A Vatican press release the same day was more specific: “The Holy See, which has always expressed confidence in the Australian judicial authority, welcomes the High Court’s unanimous decision concerning Cdl. George Pell, acquitting him of the accusations of abuse of minors and overturning his sentence.”

The press release added, “Entrusting his case to the court’s justice, Cdl. Pell has always maintained his innocence, and has waited for the truth to be ascertained.”

The rest of the Pope’s homily, however, was on how all people are sinners and in need of repentance.

“There are, in life, falls: each of us is a sinner and can fall and have fallen,” Francis said.

The approach the Vatican took regarding Pell’s having to stand trial in Australia was not in step with the approach it’s taken in the case of other prelates accused of corruption, who were shielded by diplomatic immunity.

One such case is Cdl. Luis Ladaria Ferrer, prefect of the Congregation for the Doctrine of the Faith. He was summoned to criminal court Sept. 19 to answer for his role in advising Cdl. Philippe Barbarin on how to discipline a predator priest.

The approach the Vatican took regarding Pell’s having to stand trial in Australia was not in step with the approach it’s taken in the case of other prelates accused of corruption, who were shielded by diplomatic immunity.Tweet

Barbarin, head of the diocese of Lyon, France, was facing trial for not sanctioning Fr. Bernard Preynat, who was accused of homosexual assault of multiple scout members from 1980–1990.

In Ferrer’s case, the Vatican invoked sovereign immunity even though the cardinal was implicated in covering up sex abuse in France.

Many Catholics supported Pell throughout his legal battles from 2017 because he brushed aside diplomatic immunity while still in the Vatican and announced he was traveling to Australia in order to clear his name. At that time he spoke of the persecution he faced.

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“There have been leaks to the media,” noted Pell. “There’s been relentless character assassination, a relentless character assassination.”

“I’m looking forward finally to having my day in court,” he added.

But that “day in court” proved quite disappointing for Pell.

Pell … uncovered hundreds of million dollars of clandestine funds in the Vatican. Later he discovered nearly 1 billion euros in various other dicasteries.Tweet

Prior to yesterday’s High Court ruling, Justice Mark Weinberg was the only judge to uphold Pell’s innocence. During an appeals trial in August 2019, Weinberg in his dissenting opinion wrote, “An unusual feature of this case was that it depended entirely upon the complainant being accepted, beyond a reasonable doubt, as a credible and reliable witness. Yet the jury were invited to accept his evidence without there being any independent support for it.”

Weinberg was referring to the 20 witnesses who testified that Pell never had the opportunity to commit the crime of which he was accused.

“All of these witnesses were important,” added Weinberg, “but there were some whose evidence was critical. It can fairly be said that their evidence, if accepted, would lead inevitably to acquittal.”

Justice Mark Weinberg

Yesterday, the High Court agreed with Weinberg and unanimously acquitted Pell.

A Target for Whistleblowing

Many Catholics believe Pell’s legal battles are a travesty of justice and wonder if his involvement in ferreting out financial corruption in the Vatican was behind the relentless attacks.

As prefect of the Secretariat for the Economy, Pell uncovered massive financial corruption in the Vatican Bank. In an article he penned for The Catholic Herald in December 2014, Pell revealed that he had uncovered hundreds of million dollars of clandestine funds in the Vatican. Later he discovered nearly 1 billion euros in various other dicasteries.

Putting a somewhat positive spin on the finding, Pell wrote, “In fact, we have discovered that the situation is much healthier than it seemed, because some hundreds of millions of euros were tucked away in particular sectional accounts and did not appear on the balance sheet.”

Pell was also a whistleblower of the radical change in Church teaching and practice that were on the horizon. After the 2014 Synod on the Family had concluded, Pell stated that liberal bishops wanted much more than just offering Holy Communion to divorced and civilly remarried Catholics.

“Communion for the divorced and remarried is for some — very few, certainly not the majority of synod fathers — it’s only the tip of the iceberg, it’s a stalking horse. They want wider changes, recognition of civil unions, recognition of homosexual unions,” Pell said. “The Church cannot go in that direction. It would be a capitulation from the beauties and strengths of the Catholic Tradition, where people sacrificed themselves for hundreds, for thousands of years to do this.”

Read the source: https://www.churchmilitant.com/news/article/pope-prays-for-unjustly-condemned-after-pells-conviction-overturned

Related Articles:

Cardinal George Pell felled by abuse claims – but are they credible? There is more than enough reason to believe that he has not received a fair trial http://www.pagadiandiocese.org/2019/02/27/cardinal-george-pell-felled-by-abuse-claims-but-are-they-credible-there-is-more-than-enough-reason-to-believe-that-he-has-not-received-a-fair-trial/

CARDINAL GEORGE PELL FELLED BY ABUSE CLAIMS — BUT ARE THEY CREDIBLE? There are sound reasons to question the verdict http://www.pagadiandiocese.org/2018/12/14/cardinal-george-pell-felled-by-abuse-claims-but-are-they-credible-there-are-sound-reasons-to-question-the-verdict/