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

Baptists: “they’re a law unto themselves”

Despite Baptist churches (+7th Day Adventists & Jehovah’s Witnesses) being framed as though each individual location are ‘seperate entities’, NRS acknowledgement under CARC conditions has included Institutions on a state-by-state level. As such, direct personal responses will be made on behalf of these state representatives. Under which these state bodies will be responsible for “coercive control, indoctrinations & scapegoating”, in association with the “abuses & impacts” (BraveHearts psychology, 2022).

https://www.narcissisticabuserehab.com/tag/scapegoating/

As some of us have been taken through multiple ‘levels’ of CSA, this is where “Complex PTSD (Post traumatic stress disorder) also adds to the atypical occasions on NRS databases. Although I had previously suggested this in both my Private CARC Session and in my NRS Counselling, it wasn’t until I started to share an ‘ideas diagram’ with my psychologist, that another POV was made. It can be complex explaining, these complex settings, which are often covered by complex secrecy!

https://silvergirlshine.wordpress.com/2015/07/16/breaking-free-from-being-the-family-scapegoat/

REFERENCES

BadApples

Now realising that I too have been grouped as part of the ‘bad apples’, perhaps if a collective group with other BadApples could be joined-or-started! Through continuing amounts of surviving-victims coming forward, the ‘occasional’ is growing to wider audiences there’ll be less ‘pots calling kettles black’ + more merging of a multi-levelled society.

Pot calling kettle black, Google images.

Now realising that I too have been grouped as one of the ‘bad apples’, perhaps if a collective group with other BadApples could be joined-or-started! Through continuing amounts of surviving-victims coming forward, the ‘occasional’ is growing to wider audiences there’ll be less ‘pots calling kettles black’ + more merging of a multi-levelled sharing. Probably how our nation appears in front of the camera!

Alternative sides of brain, Google images.

Brisbane Boys’ Colleges https://www.bbc.qld.edu.au/life-at-bbc/boarding/

Catholic Schools https://www.cecv.catholic.edu.au/Our-Schools/Child-Safety

Anglican Church Grammar Schools https://www.ascqld.org/programs/child-safety/

Grammar Schools https://www.brisbanegrammar.com/information/policies-procedureshttps://www.ipswichgrammar.com/education/student-wellbeing

Boarding Schools https://www.qld.gov.au/emergency/safety/children

Karma, Google Images.

Cognitive dissonance’, ‘monopolised’, ‘excluded’, ‘negative attitude’ & ‘victim-blaming’ were included in a recent therapy appt. Following which, another surviving-victim began having an early-stage discussion of what was involved in both finding out more + preparing for meets with knowmore! Karma, Murphy’s luck, or pieces of reality fitting together?

Murphy’s luck, Google images.

Crash Test Dummies

Not that RCbbc or SBDC_rc wishes to promote any 25th Anniversary of the ‘Crash Test Dummies‘ Band’s God Shuffled His Feet, their commonly used (satirical?) phrase is significant.

crash test dummy (duckduckgo 2022)

In what may have been one of this RoyalCommBBC’s founder’s initial memories; As a toddler👶, who was still forming awareness of sounds & speech; an early, longterm memory had begun to be planted, by a supposedly ‘innocent & friendly, social encounter’ …

Crash Test Dummies, Band (duckduckgo 2022)

Reminders of what would develop years later, with the ‘Crash Test Dummies‘ use of the term; babies + toddlers were treated as virtual “first model cars“, that could be upgraded with “future children in your families” <mothers’ group>. Oh what joy, when this happens amongst ‘christian’ families. As proven by other NRS Submissions, more of a target may have been presumed amongst the nativity of “pure + innocent godsquad folk” … 🤷🏿‍♀️😱

Crash Testing for DUMMIES (duckduckgo 2022)

Of recent interest/concern was that #GunViolence developing (uncontrollably) in America, is a practical version of much of there tension that has been avoided in ‘holy-christian-church™’ environments. In Australia. Amongst the same ‘loving-caring-christian’ family, who’re yet to admit … perhaps if the above 🖼️ was republished as ‘Crash Parenting for DUMMIES’? Sales could be unexpectedly high. (losses of 1st born child excused … 🤷🏿‍♀️?!)

The plot thickens …

royalcommBBC and @royalcommbbc

Neglect / negligent treatment | ChildAbuse

The World Health Organization (#WHO, 2006, p. 9) defines #childabuse and #neglect as: All forms of #physical and/or #emotional ill-treatment, #sexualabuse#neglect or negligent treatment or commercial or other exploitation, … (1/2)

… resulting in actual or potential harm to the child’s #health#survival#development or #dignity in the context of a relationship of responsibility, trust or power. (2/2) | #childsexualabuse #who

#Neglect / #negligenttreatment is something that should never have happened. Particularly, when used as a “learning tool” for 1st borns. Only when later children are raised ‘better’, by not exposing them do these ‘godly folk’ change their practices: Nothing to see here – move on!

RETRIEVED via @treacl + @royalcommbbc tweets (May 2022).

WorldHealthOrganisation. (2022). WHO, https://www.who.int .

Also found at royalcommbbc.blog

Tags: NRS, RC, SDBC and tagged 1st borns, baptist, BBC, boys brigade, child sexual abuse, Church, church family, ecosystem, first borns, girls brigade, habitus, history, neglect, patterns, RC, redress, royal commission, SDBC, support, youth group

Upcoming NRS ”Apologies”

As I have been speaking with a close support-team, I’m starting to sketch out what I’d expect for both BBC/PMSA + Qld Baptist Church/QB to say (“a direct personal response”). As my car accident had been linked with these memories, I’ll be requesting ’under special circumstances’ recordings to be made. I’ll keep you informed …

Finding the right Counsellor may take time, yet when you do it can make needed impact. As I had attended BBC under an OCA award, there may be inclusion of this. Perhaps a seperate ’Apology’ will be needed…

Dysfunctional family + National Redress

How much of “unfair smear-campaigns that will be initiated at breakneck speed to everyone the parents know,
the lack of compassion,
understanding and support from others,
and the loneliness, confusion and grief to process after we sever ties.” … #dysfunctional family? (1 of 2)

…understanding and support from others,
and the loneliness, confusion and grief to process after we sever ties.” … are experienced by those who’ve withdrawn from a #dysfunctional family? #nationalredress is approaching settlement for 1 CSA surviving-victim: ‘Apologies’ awaited. (2 of 2)

RETRIEVED https://sdbcrc.wordpress.com/2021/09/19/dysfunctional-family-national-redress/

NRS Submission (1st stage)

Although we’re each taught that toddlers-teenagers are to be treated with “purety + innocence”, as ‘children of god’, Institutions of #BaptistChurch, #BrisbaneBoysCollege + #BoysBrigade have had their past behaviours brought into question.
-(twitter)-
#DSS-#NRS will now research their inclusion, in preparation for assessment of these #ChildSexualAbuse impacts. Bless each of you.
Boys Brigade, Brisbane Boy’s College

Overlapping ‘Families’ …

From a comment added to SDBCrc’s “Church in conflict?’ Blog, overlapping family patterns being shared do become clearer. “Community-family, Institution-family + Family-family parallels“ draws our attention to an oft-discussed, positive call amongst our BBC culture. Also, as concerned ‘Community-family’ we should know of the directions to quickly use whenever suspicions of CSA are made.


REFERENCES

Anstatt, Tony. (2021). ‘Church in Conflict.’ https://sdbcrc.wordpress.com/2021/07/30/church-in-conflict/. Published 30 July 2021.

Bohn, James. (2015). The Hidden Sources of Church Conflict. https://www.xpastor.org/strategy/leadership/the-hidden-sources-of-church-conflict/. Published 14 May 2015.

9 Way To Untangle Yourself From A Toxic Family

Sherrie Campbell, PhD, ContributorClinical Psychologist, Author and Radio Host

05/16/2017 11:42 am ET

One of the most challenging things to undertake is separating ourselves from a toxic family. The “family” is reveared as something too sacred to separate from, regardless of its toxicity. Adult children feel an obligation to stay connected even when it goes against their best interest. As adults, we stay connected out of fear and guilt. We fear the lack of understanding and recrimination to come from others who falsely assume all children are loved deeply. To follow are the entanglements suffered in a toxic family system, and how to break free.

1. Starved.

Children (no matter their age) of toxic parents are emotionally starved. The family dynamic functions around the needs, wants, desires, and dramas of the parent. Children are not viewed as people, but rather as things to be controlled, used and manipulated. It is common for parents to abuse one child and worship another. Each child’s role serves some distorted need in the parent. The more abused child is raised feeling unloved and rejected, while the worshiped child feels loved for “good performance and behavior.” Each child has some awareness they are not loved for who they are, and both suffer low self-worth.

2. Sly.

The reason it is challenging to separate from these dynamics is because the type of abuse these children endure is not obvious. It’s the passive-aggressive, guilt-driven, needy, jealous, divisive, martyring, baiting abuse that somehow disappears into ether whenever confronted. These parents are sly, underhanded, blaming, manipulators who use their children for games, positioning and getting them to feel guilty, ashamed and increasingly needy for parental approval, which they can never authentically secure.

3. Scapegoating.

Toxic parents scapegoat their children for their own personality flaws and dramatics. They turn everything around to be the child’s fault, and claim how “mean and disrespectful” their children are. These children grow up feeling nothing they do is ever enough. They are consistently rattled with back-handed remarks by their overly critical parents, and are accused of being too sensitive. Being raised like this is no different than living in a house of mirrors, where even the fake apologies initiated by the parents are designed to put the child at fault.

4. Frozen.

Children become frozen under the hypocrisy, constant projection, and circular communication style these parents utilize. They quickly learn that being good enough in the eyes of their parents is about as likely as successfully scoring on a moving goalpost. They live trying to avoid conflict, or trying to express themselves to the point of rage or meltdown, only to face being shamed for their emotions and “treating their parents so poorly.” These psychological games lead children into a state of helplessness, self-hatred and guilt, as every situation is set for their destruction. There is no way to win.

5. Frustration.

There is nothing more psychologically debilitating than living in a world of unexpressed frustration. Very few, if any, validate what these children see and experience. In fact, most attempts at sharing their story are met with disbelief and the minimization of; “things can’t be that bad, your parents love you.” These children are typically advised to be more loving, to do as their told, and to accept who their parents are; thereby, blaming the victim. There is no amount of convincing these children can do that will be more powerful than the societal standard held to never separate from family.

6. Disenfranchised grief.

These children/adults live with a grief not accepted by society. Loss is one of the most common experiences to bring about grieving, and although this is often viewed as normal, there are times when grieving is disqualified; cutting ties one’s family members being one of those times. Traditional forms of grief are more widely accepted, like when a parent dies. When grief is not accepted, but rather viewed as something a person brought on themselves, there are few, if any, support systems to help them cope with their disenfranchised grief.

7. Courage.

As adults, we have the right to determine when enough is enough. If we know it is not possible to be healthy in tandem to staying connected to a dysfunctional family, then it is time to let go. We must have the courage to face the unfair smear-campaigns that will be initiated at breakneck speed to everyone the parents know, the lack of compassion, understanding and support from others, and the loneliness, confusion and grief to process after we sever ties. We will likely have to create distance with mutual connections that bind us to our family, as the more strings attached to them the less likely we are to protect ourselves from their toxic drama.

8. Duty Days.

After we cut ties, it is common to receive cards/gifts on “Duty Days,” such as holidays. These gestures allow them to maintain that they try, and we are just too stubborn to let things go. What is missing in their communication is any combination of three sets of three simply-worded statements; “I am sorry,” “I was wrong,” or “You were right.” They are incapable of owning what they have done; always viewing themselves as right. They show up on “Duty Days” to assuage their guilt, to save face, and to add more drama to their smear-campaign . And…people will believe them.

9. Reclaiming yourself.

In severing ties, we are not doing so to punish anyone else, as much as we are doing something to protect ourselves. Once minimal or no-contact has been established, we must reclaim our lives and rebuild our self-worth. When we risk it all, the Universe in all its magic, will organize and materialize the supports, loves and people we deserve to live lives we love. We build a chosen-family who shows us that love is thicker than blood. Most importantly, we develop a self-respect no one can shake. We are free to live from the truth of who we are, as we come to trust our inherent goodness. The greatest power we have is not give these people what they want…our attention. We must now give our attention only to those worthy of it.


RETRIEVED https://www.huffpost.com/entry/9-way-to-untangled-yourself-from-a-toxic-family_b_591744c5e4b00ccaae9ea36d