Archive | June, 2017

In the Pell case, complainants have equal rights to justice.

30 Jun

 

Yesterday came the momentous news that Victoria Police have charged Cardinal George Pell with multiple allegations of the crime of sexual abuse of children, following their investigation of complaints made by multiple accusers.

The matter is now sub judice, which means there can be no commentary on the charges and allegations, and no predictions of verdict. Sub judice does not forbid all commentary, and the above link is a guide to what may and may not be published. Please read the first couple of pages before leaving inflammatory comments that might be in contempt.

There is also an interim suppression order on the details of the charges, requested by Pell’s lawyers.

My thoughts are with those complainants who now face an arduous courtroom experience, during which our adversarial legal system will permit Pell’s lawyers to tear them to shreds. Already there has been much commentary from Murdoch hacks that the charges against Pell have been instigated by a vengeful and incompetent police force hell-bent on conducting a witch hunt. In other words, as far as Paul Kelly, Miranda Devine, Andrew Bolt, Gerard Henderson and the other usual suspects are concerned, the complainants are liars and it is necessary to question police integrity. How this commentary is not flagrant abuse of the sub judice rule, I have yet to ascertain.

Much media coverage to date has focused on Pell’s right to justice. However, the complainants also have the right to justice. It is indicative of an almost entirely unexamined societal attitude that, particularly in sexual matters, the rights of the accused are likely to be the subject of greatest concern, while the complainants are, in the very essence of our law, obliged to prove they are not liars.

It’s amazing that Pell has been charged. In itself, this signifies an extraordinary change in societal attitudes to the sexual abuse of children, a change set in motion by the Gillard government’s Royal Commission into Child Sexual Abuse, itself so fiercely opposed by several of those who yesterday claimed a witch hunt.

I have no idea how this will play out. Obviously, Victoria Police consider they have sufficient evidence to proceed. They have not assumed the complainants are liars. Pell is the highest ranking Catholic to be faced with such allegations, and the case has drawn global attention. For the sake of all concerned, most particularly the complainants, this situation must be allowed to run its legal course, whether you agree with the system or not. It’s the only one we’ve got.

Ive decided to add this astounding rant, published this morning by The Australian and written by Paul Kelly, as the site is pay-walled. 

In this momentous event, it is not just Cardinal George Pell who is on trial — it is the integrity of Victoria Police, the justice system and our capacity to deliver a fair trial.

There is no precedent for this situation. The most important Catholic leader in Australia since Daniel Mannix and close adviser to Pope Francis is being tried against allegations that Pell himself has perpetrated historical sexual offences.

This decision by Victoria Police comes after an unprecedented and manic campaign against Pell, leaks to the media, vicious character assaults in the mainstream media and grave doubts about the way police have conducted their inquiries.

The risk now is that the historic, unforgivable and appalling extent of child sexual abuse in the Catholic Church has taken yet another tragic turn — a show trial against the nation’s most senior Catholic figure. This is precisely what many people want.

The justice system must ensure it does not eventuate.

The issue here is not Pell’s handling of child sexual abuse allegations within the church — it is something entirely different; that Pell himself has engaged in sexual offences.

The decision to charge Pell is a shattering blow to the Catholic Church. The ramifications will last for years even if he is cleared.

The campaign of hatred against Pell transcends the deep and legitimate grievances of the victims and families. It is tied to the idea that Pell must be punished for the sins of the church and that this constitutes a form of justice for the victims.

Indigenous leader Noel Pearson, when venting his concern last month over whether Pell would get a fair trial, put the moral issue up in lights — the wrong done to victims of sexual abuse cannot justify a wrong being done in a witch hunt against Pell.

The case against Pell draws upon allegations of sexual offences by many complainants.

He has declared the claims are false. It is hard to believe these court proceedings will be finalised quickly. Whether Pell can receive a fair trial hangs in the balance. This is not just a trial for Pell and the church. It is a test of our institutions, our justice system and the culture of our civil society.

Convince me this isn’t written with intent to foul the Pell case.

 

 

 

 

 

 

 

When all else fails, is a woman justified in naming the man who raped her?

19 Jun

 

Writer Lauren Ingram revealed on Twitter yesterday that in April 2015 she endured a violent sexual assault, allegedly perpetrated by an official of the NSW Greens.

Ms Ingram went public, including posting images of the bite marks (yes, bite marks) and bruises inflicted on her body by the assailant.

Lauren went to hospital. She went to the police, who told her the individual responsible was probably too young to know how to have sex properly, and declined to pursue the matter. After discovering she wasn’t the only woman with complaints against the alleged perpetrator, some made by young Greens members as long as six years ago and ignored by the party, Lauren approached the NSW Greens.

She had no more luck with them than she’d had with the police. The man was until recently employed by the Greens, as well as an office holder. He’s resigned his employment as he plans to go overseas.

When a woman reports a sexual assault to the police she might be lucky and get a good, well-trained officer, or she might be unlucky, as Lauren was, and find herself dealing with yet another form of assault and insult in which her complaint is dismissed and her trauma increased. This is unacceptable. Laws designed to deal with sexual assault are useless when frontline police officers do not do their job, out of ignorance, lack of interest, or lack of training. Lauren had hospital reports. She had photographic evidence of injury. The police officer couldn’t be bothered. This is unacceptable. I hope that officer is identified and subjected to disciplinary measures, because until such officers are weeded out, women are not safe when reporting crimes against us.

The NSW Greens have allegedly been aware of a rapist and sexual harasser among their number for some six years. Yet they have done nothing. They have not expelled him. They have provided him with a hunting ground for victims. They have enabled and supported his predatory behaviours. This is unacceptable. The NSW Greens have lost all credibility in their claims to support action against violence towards women. You cannot, as a political party or any other institution, protect an abuser and claim to be opposed to abuse.

The police and the Greens have done Jarah Cook no favours. In declining to pursue the complaints against him, they have denied him the opportunity to argue his innocence. In naming him, Lauren Ingram has taken matters into her own hands because every other option available failed her. As society in general appears to be more concerned with the fate of the perpetrator than the victim, let’s look at it from the alleged perpetrator’s point of view. Had he been been questioned, arrested and charged, Jarah Cook would have been given the chance to defend himself. It is not Lauren Ingram’s fault that this didn’t happen. It is the fault of the police, and the political party who gave him protection.

So, when all else fails should a woman name the man who raped her? In the case of Lauren Ingram, absolutely, yes. The idea that because a woman is blocked by police from obtaining justice she should keep her mouth shut is vile. Just what are we expected to do? Crawl away and maintain a silence that will only protect the perpetrator and the system that has failed us?

When the system fails we have the right to speak out.  Ms Ingram has most bravely taken this path, and I can only hope more women are empowered by her example.

As for the NSW Greens. All institutions are responsible for knowingly harbouring offenders. There are no innocent bystanders. They are accountable.

On June 19 2017, the Greens issued this statement. Jarah Cook’s membership was revoked in February 2017.  

Further reading 

And here

 

 

 

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