Skip to comments.(Cardinal George) Pell appeals to High Court, claims court reversed onus of proof
Posted on 09/17/2019 6:12:40 AM PDT by naturalman1975
Cardinal George Pell's bid to overturn his child sex abuse convictions in the High Court will centre on a claim that an appeal court wrongly required him to show "the offending was impossible".
A 12-page application seeking leave to appeal was lodged late on Tuesday and sets out two broad grounds the reversal of the onus of proof and that the verdict was unreasonable. The Victorian Court of Appeal dismissed Cardinal Pell's first appeal in August.
The 78-year-old former adviser to the Pope is serving a maximum six-year sentence for the sexual abuse of two former choirboys at St Patrick's Cathedral while he was the Archbishop of Melbourne in the 1990s.
"The majority erred by finding that their belief in the complainant required the applicant to establish that the offending was impossible in order to raise and leave a doubt," the application states.
"In light of findings made by [the majority] there did remain a reasonable doubt as to the existence of any opportunity for the offending to have occurred," it said.
It had been widely speculated Pell's legal team would seek leave to appeal to Australia's top court after Justice Mark Weinberg's 200-page dissenting decision in August left the community divided.
"Having had regard to the whole of the evidence led at trial and having deliberated long and hard over this matter, I find myself in the position of having a genuine doubt as to the applicant's guilt," Justice Weinberg wrote.
(Excerpt) Read more at afr.com ...
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