Prosecutors insist Pell conviction \'unimpeachable\' at appeal hearing

Prosecutors insist Pell conviction 'unimpeachable' at appeal hearing

AFP  |  Melbourne 

Prosecutors insisted the conviction of Australian Cardinal for child sexual abuse was "unimpeachable" as his appeal against the guilty verdict went into a second day in on Thursday.

Lawyers for Pell, 77, had on Wednesday raised 13 objections to his December conviction on five counts of sexual abuse for the assault of two 13-year-old choirboys following Sunday Mass in the 1990s.

The main point of their appeal is that the jury verdict was unreasonably dependent on the testimony of a single victim -- the second choirboy died in 2014 -- and that the surviving witness was not credible.

The former Vatican number three, who controlled the Holy See's vast finances and was involved in the election of two popes, was sentenced in March to six years in prison.

He was accused of sexually abusing the two choirboys in 1996 and 1997 in the sacristy and hallways of when he was of

In his opening remarks on Thursday, rejected defence arguments that the victim's testimony was a "fantasy", saying if that were the case, "one would expect the cracks to appear".

But the prosecution said this did not happen and that the jury "were entitled to accept the complainant as a reliable and credible witness".

"When looking at the whole of the evidence, the integrity of the jury's verdicts is unimpeachable," the prosecutors said in their submission to the hearing.

Pell's chief defence lawyer, Bret Walker, on Wednesday gave a litany of reasons Pell's "offending was impossible".

"This evidence constituted a catalogue of at least 13 solid obstacles in the path of a conviction," Pell's defence said in their submission.

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

The other two grounds of Pell's appeal argue legal mistakes were made in not allowing Pell's defence to show the jury an animated video reconstruction depicting the movement of people in the cathedral following mass on the dates of the assaults, and that was not arraigned in the presence of the jury.

Walker argued Pell's mingling with congregants after mass on Sundays provided him with an alibi.

"If he was at the western door (of the cathedral) then the law of physics tells us this is literally, logically impossible for the offending to have occurred," he said.

Three judges of Victoria State's -- Anne Ferguson, of the Court of Appeal Chris Maxwell and Justice -- are hearing the appeal and will make a decision on whether to reject the appeal, acquit or order a retrial.

A first trial in Pell's case last year ended in a hung jury. He was convicted in December at the end of a second trial.

Both trials were hidden from the public until a wide-ranging gag order was lifted in February after a second tranche of charges against Pell, involving alleged incidents in a swimming pool in his home town of in the 1970s were dropped.

Since his conviction, Pell has been removed as the Vatican chief and lost his place in the so-called that are effectively the Pope's cabinet and inner circle of advisers.

The Vatican has opened its own probe into Pell's actions. If his conviction is upheld, it could lead to his expulsion from the priesthood.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Thu, June 06 2019. 07:45 IST