Cardinal George Pell Civil Case Catholic Archdiocese

By Danny Morgan

Posted Thu 4 Aug 2022 at 4:30pmThursday 4 Aug 2022 at 4:30pm, updated Yesterday at 5:58am

A man wearing a black robe holds his fingers to his temple as he speaks.
The father of a former choirboy who died of a drug overdose in 2014 has launched a case against Cardinal George Pell.(AP: Gregorio Borgia)

The Catholic Church is using a controversial legal tactic in a bid to be excused from a civil damages claim lodged in the Victorian Supreme Court involving Cardinal George Pell.

Key points:

  • The man lodging the claim says he suffered nervous shock after learning of allegations his son was abused by Cardinal Pell
  • Cardinal Pell has always maintained his innocence and was acquitted by the High Court of criminal charges in 2020
  • The Archdiocese has asked to be excused from the civil case, claiming the father was not the primary victim of any alleged abuse

A man is suing the Catholic Archdiocese of Melbourne and Cardinal Pell for damages, claiming he suffered nervous shock after learning of allegations Cardinal Pell sexually assaulted his son when he was a choirboy at St Patrick’s Cathedral in East Melbourne in 1996.

In 2018, Cardinal Pell was found guilty of the assault, but the High Court unanimously quashed the conviction in 2020.

The Cardinal has always maintained his innocence.

Church calls upon ‘Ellis defence’

In a preliminary hearing in the Victorian Supreme Court on Thursday, the Archdiocese indicated it wanted to rely on what is known as the ‘Ellis defence’ to be excused from the case.

The Ellis defence emerged out of a 2007 NSW Court of Appeal judgement that prevented an abuse survivor suing the Church because it was not a legal entity.

Survivors have long complained about the Church using the Ellis defence, and in 2018 the Victorian Parliament passed legislation that required unincorporated associations such as the Church to nominate an entity that is capable of being sued.

However, lawyers for the Archdiocese argued that legislation did not apply in this case because the father of the choirboy was not the primary victim of the alleged abuse.

The facade of St Patrick's Cathedral reaches into a cloudy sky.
The civil damages claim relates to allegations of abuse at St Patrick’s Cathedral in 1996.(ABC News: Danielle Bonica)

The father’s barrister, Julian Burnside QC, disagreed, arguing the 2018 legislation applied to both primary victims and their families.

“What our learned friends’ submission amounts to is this: If the victim of child abuse dies, then the family has no remedy, they have no-one they can sue,” Mr Burnside said.

“Now that’s plainly wrong in our submission.”

Justice Michael McDonald has reserved his decision on whether to excuse the Archdiocese.

If you or anyone you know needs help:

Archdiocese pledges to pay any potential damages

If the Archdiocese is excused, Cardinal Pell would remain a defendant.

In a letter to the court, solicitors for the Archdiocese indicated that, even if the Church avoided liability, it would still pay any damages should the judge find against Cardinal Pell.

“If the plaintiff is awarded damages against the second defendant [George Pell], the Archdiocese will ensure that the award is paid by indemnifying the second defendant in respect of the award,” the letter said.

The father of the choirboy, who cannot be named for legal reasons, launched his case last month.

His son died of a drug overdose in 2014 and the father only learned of the allegations against Cardinal Pell the following year.

The father is claiming general damages, special damages and seeking compensation for past loss of earning capacity as well as past and future medical expenses.

His solicitor, Lisa Flynn, said the High Court’s decision to quash Cardinal Pell’s conviction would not affect the civil proceedings.

“The High Court made some decisions in relation to the criminal prosecution against [George] Pell. Our case is a civil case against George Pell and the Catholic Archdiocese,” she said.

RETRIEVED

Morgan, Danny. (2022). Cardinal George Pell Civil Case Catholic Archdiocese. Retrieved https://www.abc.net.au/news/2022-08-04/cardinal-george-pell-civil-case-catholic-archdiocese/101301514. ABC News, Australia.

Offending Institution: St Vincent’s Orphanage, Clontarf 


Sexual abuse was rampant at St Joseph’s Orphanage in Clontarf, WA. The Christian Brothers would leer at the boys while they showered, and in the evenings, the Brothers would choose boys to take to their bedrooms. One of the survivors said this was “pretty much a nightly occurrence, or at least it occurred more often than not”…

Discover the horrific history of St Joseph’s Orphanage.
/ / /
RETRIEVED
Kelso Lawyers. (2022). St Vincents Orphanage Clontarf, from https://kelsolawyers.com/au/institutions/st-vincents-orphanage-clontarf/?goal=0_8de5cf57f7-b1db0993e0-26105593
READ MORE

Lid opens some more!

Although some CSA Survivors were disappointed during parts of the CARC (2013-17), a major step is now being confronted: Arranged, networked + partial occasions throughout VIC have been mapped out, for moments of the Catholic Church. Although there are multiple other denominations of churches who use their own ‘unique sway‘, majority of congregations are Catholic. A great place to start exposing the (hidden) truth.

Catholic Church paedophile networks to be mapped ‘like organised crime’ by academics

As there are many similar ‘maps’ existing, for other denominations-victims-schools-teams-clubs – this gives a confidence boost, with support that experts are anchored into the necessary legal-counselling-psychological work. Whether a cure is ever available, alternative solutions will be considered for this longterm (hidden) dilemma.

Brother Lawrence Murphy (right) abused John Lawrence (sitting) while he was at the Castledare Boys’ Home.(Supplied: District Court Of WA). Image retrieved from Google search : Catholic _ icon/image.

3 key points:

  • The first mapping effort linked 99 clergy to 16 paedophile networks in the Melbourne and Ballarat dioceses
  • Documents and the oral histories of at least 50 survivors are being used
  • Women in the church and nuns will be examined as part of the mapping process

ABC News + SBS News will remain our primary sources, with relevant references given.


REFERENCES


Anstatt, Tony. (2021). Lid opens some more! RoyalCommBBC blog. Brisbane, Australia.

‘JESUS IS COMING TO GET YOU’: CHRISTIAN BROTHER’S THREAT TO BOY HE ABUSED

Featured Article image

https://atheistmilitantsrising.home.blog/2020/02/29/jesus-is-coming-to-get-you-christian-brothers-threat-to-boy-he-abused/

Joining BBC-GPS-NSW dots

Since 26th Oct 20, there has been a jump in visitors to our RCbbc Blog. Most of these were concerning ‘known CSA predators’, ‘elite’/‘private schools’ and ‘previous charges’/‘current trials’. The inclusion of another ‘Brand™’ of GPS Schools (Catholic) had also been a major trigger to these jumps. While following a similar pattern of how Journalistic-identified programs had unveiled CSA instances, upwards from southern states; RCbbc has ‘back-traced’ these same trails in reverse (BBC-GPS-NSW).

Photographic portion of Sydney Opera House. (bbc cultural article, 2014)

Although identification of these trails were discussed during our early days (2013-15), it is still breathtaking when truths are realised. Unfortunately, those who experienced any of Butch’s (AK Buchanan, BBC, St Paul’s & IGS) classes may remember some of AAGPS Schools being mentioned, in his previous exploits (SHORE, Scots College et al). Much more is awaiting to become evident, so stay tuned.

Current GPS image, denoting IGS (2020)

BBC’s inclusion in the Royal Commission’s eventual National Redress Scheme, is administered via the PMSA (Presbyterian Methodist Schools Association). Each of the other stated Private Schools should be administered by their similar authorities. Relevant details of each of these institutions is contained in the following References, which should provide relevant authorities detail upon request.


Similar + Different

Although this title may be recognised by some, as a recent inclusion in EC Curriculum in Qld (2008-12) – it intentionally parallels the controlling, executive set of rules of the church – while those following, ‘beneath’ practice these same “commandments” bound by emotions of ‘sin’ , ‘praise’ ‘righteousness’ and ‘faith’ (Old Testament, Knowing Jesus 2020), moving onto focus on motivation to “draw in the fishes, to feed 4,000 (then 5,000) men” (‘miracle’ story-analogy in the Bible’s Matthew 14:13-21, Mark 6:30-44, and Luke 9:10-17, John 6:1-15; practiced by Fundamentalist Churches, as “instruction from god”) (Knowing Jesus 2020). Differing denominations-sects of the Christian church interpret this common story extensively: from life-critical wars (modern tribal differences), global offences (WWII & Jewish Genocide), Court Offences (e.g. Buchanan Sentences and Lloyd Trials) and peaceful debates (politics, national-state & Vatican).

“The Feeding of the 5,000” painting attributed to Ambrosius Francken the Elder. Getty Images – SOURCED

4,444 victims was the extent of abuse by Catholic priests in the 2017 CARC (The Guardian, C. Kraus): Marist and Christian Brothers forming highest (20% & 22%). Through analytical review of ABC News’ 2019 article on the Catholic Church, it became evident that beyond the traits of “Celibacy, order and obedience” were reinterpreted by later religions. As many held to a goal of ‘being different & not copying’ the traditions of Catholicism, their reuse of “the religious order’s secretive, cloistered world” was commonly identified. Other examples include:

  • Although other churches have mostly broken away from Celibacy, each have created their own Order, with the element of Obedience practiced at varying levels;
  • Catholics continue to practice use of Roman terminology, yet few recognise the deceptions underlying this mistranslation;
  • Freemasonry in the Vatican – does the following sound familiar: “Masonry is not for everyone, just for the select few.” At the same time Masonry teaches it is the only true religion and that all other religions are but corrupted and perverted forms of Masonry. (2020).
George Pell (right) with now-disgraced priest Gerald Ridsdale in 1993. CREDIT:GEOFF AMPT (Browne 1993)

As complex as these examples may be, they were given to provide a small example of some popular influences practiced regularly. What began as just a ‘social influence’ 2,000 yrs ago, has grown into such impact that lives are lost, innocents are killed, with many other ‘breakaways’ following the original recipe. Unfortunately, Child-Sexual-Abuse remains a constant that’s still being addressed – despite the Royal Commissions, Inquiries, Summons and (empty) ‘Promises’ – CSA continues. Perhaps the means by which power is brought over vulnerable youth-disabled-elderly-indigenous-women-class-LGBITQ? One answer we all need is equality. Yes, Equality.

Catholic church told of 4,444 abuse claims in 35 years, says royal commission

REFERENCES