Tag Archives: Julian Porteous

Presumption of innocence, or attacking victims & the legal system?

2 Jul

 

I’m somewhat baffled by the insistence of George Pell’s more vocal and public supporters that he is being unfairly treated. He has, they assert, been subjected to years of suspicion and innuendo and this, they argue, makes a fair trial impossible. Their opinion: he is the victim of a witch hunt and should not have been charged. The ludicrous conclusion of this argument is that nobody should be charged with anything if there’s been public commentary prior to those charges being laid.

I would like to see some proof of this claim of inevitable prejudice due to Pell’s profile, though I doubt there’s relevant data. What is interesting is that whilst Pell himself has welcomed the opportunity to at last defend himself in court, his Australian supporters seem hell-bent on declaring the process already poisoned. Obviously they aren’t respecting Pell’s desire for his day in court. So what are they doing?

Amanda Vanstone, former ambassador to Rome and Pell admirer, wrote in the Sydney Morning Herald in May: how would you like to throw out your own right to a fair assessment of whether you should be charged in the first place together with the right to a fair trial if you are charged? Vanstone goes on to further question the integrity of the Victorian DPP (to whom she was presumably referring in the phrase “fair assessment of whether you should be charged in the first place”) and Victoria Police, and to rail against latte sippers in cafes who she claims deny Pell the presumption of innocence. Vanstone’s descriptions of those calling for Pell to be held to account include “a baying crowd” and a “lynch mob from the dark ages.” Inevitably, she includes victims and alleged victims of sexual abuse by priests in her derogatory commentary.

Then take Tasmania Archbishop Julian Porteous’ comments in the Hobart Mercury on Thursday, when police announced they ‘d charged Pell:

HOBART Archbishop Julian Porteous says he is “shocked and disappointed” his former colleague Cardinal George Pell has been charged with historical sexual offences by Victoria Police.

“I think it’s terrible these claims have been made against him. I don’t believe they’ve got any substance to them,” Archbishop Porteous said. [emphasis mine]

He said he was also worried about the impact the high-profile nature of the case would have on a fair trial.

“The possibility of a fair trial is compromised. I don’t know how a jury could proceed with a trial where [there is] so much media out there.”

Archbishop Porteous also referred to journalist Louise Milligan’s book Cardinal, published in May, which details some of the allegations made against Cardinal Pell.

He said media coverage and the book were “creating a very unfair environment for justice”.

Cardinal Pell, 76, the Vatican’s finance chief, was charged by summons today with several historical offences dating back to his time as a Ballarat priest and Archbishop of Melbourne.

The Catholic Archdiocese of Sydney — where Pell was Archbishop from 2001-2014, and where Archbishop Porteous was an auxiliary bishop from 2003-2013 — released a statement saying the Cardinal was “looking forward to his day in court and will defend the charges vigorously”.

Archbishop Porteous said Cardinal Pell was “a man of absolute integrity”.

The Porteous and Vanstone reactions are little different from the reactions of some family members when one of their number is accused by another of sexual abuse. There is disbelief and scapegoating of the alleged victim, and blind defence of the alleged perpetrator. This is not presumption of innocence. It’s taking a side, and it’s prejudiced. It’s nothing more than opinion, and reveals the inability of the bystander to acknowledge any possibility other than his or her opinion.

Pell has welcomed the opportunity afforded him by Victoria Police to put his case in a court of law. His supporters must respect his stated wishes, and cease muddying the waters by attempting to manufacture cause for a trial to be abandoned. This is not presumption of innocence. It’s a denial of justice, both to Pell and to the complainants.

It is worth reiterating that nobody, not Vanston, not Porteous, not Paul Kelly, Andrew Bolt, Miranda Devine or indeed anyone one of us can know the truth of this matter. None of us were present. Pell was present. The alleged victims were present. This matter must be left to the best process we have: the process of law. It is not presumption of innocence to deny that process to Pell, and it is not presumption of innocence to attempt to denigrate and undermine the institutions that, in this intensely scrutinised case, are all we have to administer justice.

 

 

 

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