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

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To all of those who’ve sent in WP Messages to this RoyalCommBBC blog, I am sorry I haven’t responded to your messages. Although I’m now able to partly post new pieces, I’m not able to access your messages. If possible, please COPY + PASTE them into either an eMail OR TXT:

treacl@icloud.com

0410 277 791

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

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

Podcasts being shared

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There are 3547 people in your team

It’s great to let you all know that our RCbbc Team, has reached 3 1/2 thousand. With our Podcasts also being pieced together, adding in another media.

Statistics retrieved 5 May 21.

Upcoming Podcasts (tweet) …

Jehovah’s Witnesses say they will join the National Redress Scheme due to the new “rules”

Peter Kelso News
April 6, 2021

Jehovah’s Witnesses say they will join the National Redress Scheme due to the new “rules”


It was the threat of financial penalties that triggered the Jehovah’s Witnesses to join the National Redress Scheme – a sour taste for survivors of sexual abuse and lawyers alike. 

In July 2020, Prime Minister Scott Morrison named and shamed the institutions that had failed to sign up to the National Redress Scheme before the original deadline of June 30th. 

Senator Anne Ruston set a new deadline of December 31st 2020. If they missed the deadline this time, the institutions would not be eligible for future Commonwealth grants, their charitable status would be revoked and they would be stripped of their tax exemptions. 

But in a statement to AAP, the Jehovah’s Witnesses said: 

“Now that the law requires charities to join the scheme, Jehovah’s Witnesses will comply. Jehovah’s Witnesses believe that it is their responsibility before God to respect and co-operate with the authorities.”

A spokesperson for Senator Anne Ruston has urged the Jehovah’s Witnesses to get in contact with the Department of Social Services and make good on their commitment to the Scheme.

“We encourage them to make urgent contact with the Department of Social Services so they can make good on this commitment,” she said.

“It can take up to six months for institutions to complete the process of joining and the department would hope to work cooperatively and with haste to facilitate the Jehovah’s Witnesses joining as quickly as possible.

“It is disappointing survivors who have named the Jehovah’s Witnesses have been forced to have their application for redress on hold this long while the organisation has been unwilling to join.”

Paralympics Australia has also joined the National Redress Scheme 

New portal aims to protect integrity of Para-sport

Image: Paralympics Australia

Paralympics Australia has decided to join the National Redress Scheme and support survivors of institutional abuse.

This comes as more and more sporting institutions join the scheme including Basketball Australia and Gymnastics Australia. 

“We support the National Redress Scheme and are strongly committed to providing environments that are safe, supportive and fun for children and young people,” Paralympics Australia President Jock O’Callaghan said.

“We have zero tolerance for any form of behaviour that puts the well-being of children and young people at risk.”

The wheels were already in motion for positive change within Paralympics Australia.

In September 2020, Paralympics Australia, the Commonwealth Games and the Australian Olympic Committee – representing 53 sports combined – rolled out a new process so athletes have access to an independent assessment of complaints and allegations.

All Government funded sports are also required to have a Member Protection Policy (MPP) and Child Safeguarding Policy outlining the standard of behaviour required of athletes, coaches, officials and other support personnel.

Australian Olympic Committee Chief Executive Officer, Matt Carroll, says it is in the best interests of all sports to have an independent avenue for complaints about abuse, intimidation and other safeguarding issues.

“There’s no place for abuse in our sports, but the missing link has been the lack of access to an independent framework. We have started a process to develop a model that will remedy that. There’s a lot of detail to discuss,” Matt said.

In March 2021, Paralympics Australia Chief Executive Lynne Anderson said their values and expectations align with those of the National Redress Scheme

“Any form of abuse is abhorrent – we acknowledge the catastrophic impact abuse has on the lives of those abused, and their families and friends.”

“Our organisation is strongly aligned to the values and expectations of the National Redress Scheme and we remain ready to work closely with the scheme to support any survivors that may come forward.”

Kenja Communications raises the Porter Defense to avoid joining the Scheme

Image: News.com.au

Now that the Jehovah’s Witnesses will join the National Redress Scheme, there is only one institution left that is refusing to join: Kenja Communications. 

The spiritual self-help group has invoked Attorney-General Christian Porter’s position on the historical rape allegation against him (which he denies) to support its position.

The group’s late founder, Ken Dyer, faced multiple sexual assault allegations. He was found guilty of one of the alleged assaults, but the conviction was overturned in the High Court.

When Dyer was accused of raping a woman 33 years ago, he claimed:

“There are circumstances where someone might absolutely believe something, but it might not be a reliable account. That is actually why we have a justice system. It is why we have courts and the presumption of innocence and burdens of proof.”

Dyer committed suicide in 2007 when new allegations arose. There were another 22 charges of child sexual abuse against two 12-year-old girls, but he was medically unfit to stand trial.

Now, Dyer’s widow Jan Hamilton runs the group. On their website, the group said that the same principles cited by the Attorney-General apply to the group’s decision not to join the National Redress Scheme.

“Anyone can contact the scheme and say they were abused as a child and without due process, in fact it appears without any real process, can receive up to $150,000 in compensation.”

“We are of the view that recent events including the Christian Porter case confirm the legitimacy and appropriateness of the position we have taken regarding not joining the National Redress Scheme.”

“In our respectful opinion, if it is proper for the Attorney-General to invoke the rule of law, it is also proper for us.”

Hamilton has also said in the past she believes the abuse did not take place – meaning survivors will be locked out of compensation through the National Redress Scheme.

“Whilst we agree with the objectives of compensating child sex abuse victims, it is not appropriate in our view where genuine claims do not exist.”

A number of former members – mostly women and children – have claimed the participants had to be fully naked for their one-one-one “energy conversion sessions” with Dyer.

A former member named Annette Stevens wrote about her experience in a 2012 article published via news.com.au. 

“Sometimes we’d be processed naked in one-on-one sessions – Ken said it helped energy flow freely through the body. Once, when I woke from the fog of a naked processing session, Ken was lying on top of me with his trousers and underpants around his ankles.”

“But my Kenjan mind-training kicked in and I immediately dismissed the idea he’d acted inappropriately, reasoning I could trust Ken and, if he’d touched me, I’d remember it.”

Get the justice you deserve with Kelso Lawyers. We want to hear your story. Call (02) 4907 4200 or complete the online form before you accept payment from the National Redress Scheme.

Catholic Church paid $276m to sex abuse victims in Australia

The Catholic Church paid $276 million to victims of alleged sex abuse committed by priests in Australia over decades, an investigation says.

Critics say the system of payments is unfair and not all victims receive the same opportunities or compensation.

Since 2013, the Australian Royal Commission into Institutional Responses to Child Sexual Abuse has been holding hearings on alleged Catholic Church sex abuse of children – mostly boys.

“Catholic Church authorities made total payments of [AU]$276.1 million [US$213million] in response to claims of child sexual abuse received between 1 January 1980 and 28 February 2015, including monetary compensation, treatment, legal and other costs,” the statement from the commission said on Thursday.

Catholic Church sex abuse Australia Pope pedophilia

On average, sex abuse victims received AU$91,000 in compensation, it stated.

The Christian Brothers religious community “reported both the highest total payment and the largest number of total payments $48.5 million paid in relation to 763 payments at an average of approximately $64,000 per payment,” the document said.null

The report added that the Jesuits “had the highest average total payment at an average of approximately $257,000 per payment (of those Catholic Church authorities who made at least 10 payments).”

“Even though the church has paid $270 million and it took a long time to get its act together to do that, there’s no doubt the system of paying people and compensating them is best done independently of the church through a national redress scheme,”the Church’s Truth Justice and Healing Council chief executive, Francis Sullivan, told AAP.

Sullivan said that not all victims have equal opportunities or compensation.

“Some congregations pay far more than others. Some dioceses pay far more than others. It’s still not a fair system,” he added.

It’s a picture of great unfairness and inequity between survivors across Australia depending on where they placed their claim,” Helen Last, CEO of In Good Faith Foundation, which represents 460 abuse victims, told Reuters.

The commission was established in 2013 to investigate instances and allegations of child sexual abuse in Australia. This month’s report says that between January 1980 and February 2015, 93 Catholic Church authorities received claims of child sexual abuse from 4,445 people.

It managed to identify 1,880 alleged perpetrators, who included 597 (32 percent) ‘religious brothers,’572 (30 percent) priests, 543 (29 percent) lay people, and 96 (5 percent) ‘religious sisters.’ At least 90 percent of the alleged perpetrators were male, according to the report.

Sexual abuse scandals have long dogged the Catholic Church. In 2014, the Vatican said 3,420 credible accusations of sexual abuse committed by priests had been referred to it over the past 10 years, and that 824 clerics were defrocked as a result.

In January, Pope Francis called for “zero tolerance”towards sex crimes against children, and condemned it as “a sin that shames” both the perpetrators and those who cover up for their crimes.


RETRIEVED http://hangthebankers.com/catholic-church-paid-sex-abuse-victims-australia/