OPINION : Courts are reluctant to overturn jury verdicts — so why did Pell's appeal succeed?
One victim of this appeal result may be a loss of public confidence in the jury system — our confidence in the justice system itself.
.)Judges of the High Court have long wrestled with the difficulty of subverting the important role of the jury. In 1997, thenChief Justice Gerard Brennanput the position thus:… the courts accept the jury as the possessor of both the skills and the advantages that are required to reach a proper verdict. In my respectful opinion, any contrary approach denies the importance of trial by jury and is inconsistent with the constitutional function which the jury performs.
Nevertheless, there may be exceptional cases where it appears that, despite its skills and advantages and the due observance of all relevant rules of law and procedure, the jury must have fallen into error.There has long been a tradition of upholding the existence of the jury as the fundamental underpinning of the value, strength and reliability of our system of criminal justice.
I have always thought this a slightly odd observation given that magistrates, not juries, determine the vast majority of criminal cases that arrive for trial in Australia's courts.But in the higher courts judgment by one's peers has always been a bulwark against the idea of a star chamber where decisions about an accused person's guilt or innocence are made unfairly and capriciously.
A jury of your peersThe stability of the jury as an integral part of the justice system has never been seriously questioned. Advocates for the retention of the jury often recite the well-known case ofBushell in England in 1670when two Quakers, William Penn and William Mead, were arrested and charged with unlawful assembly.
The jury stood steadfastly against the wishes of the judge who wanted to convict the two preachers. The judge was ultimately rebuffed. The jury was vindicated and its place in the criminal justice process was cemented.For survivors of child sexual abuse, reading the details of crimes can provoke a wide range of emotions. We spoke to experts about how to deal with triggering, traumatic news.
But in cases such as Pell, the High Court has reinforced the notion that, despite the jury having the primary responsibility of determining the guilt or innocence of a person on trial, its responsibility can be subject to a higher order.This is because, ultimately, the appeal courts have been given an overriding responsibility of determining for themselves whether a jury decision is a safe decision that has not been infected with the hue and cry or matters outside the evidence that was put to them.
Whatever one may think of the Pell decision, it is appropriate there be such a final arbiter in the justice process.But one victim of this appeal result may be a loss of public confidence in the jury system. At the other end of the spectrum, others may lose confidence in the justice system itself.
I trust that neither is the outcome. But one could be excused for feeling a general uneasiness about the fact that, for all the store we place on juries in determining issues of guilt and innocence, their role can be dispensed with so easily. Read more: ABC News »
The ABC collectively are dullards. Pell was acquitted on the basis of reasonable doubt about his guilt when tried by jury. QED He is not generally a likeable man, but he is not a kiddie fiddler. It might have something to do with 3 ex liberal party prime ministers visiting him after he was convicted 🤔 just like the AEC mandarin posters at voting sites. Or when scomo called NSW police commissioner and dropped the cases against Angus Taylor or sports riots. On and on
Pell needs to file a court case on ABC and reporter Louise Milligan for hounding him. Time for to be wound out over the disgusting abuse of tax payer funds The evil leaders of the leaders of the Roman Catholic church protect their own control the judiciary protect pedophile priest then make their former leaders Saints
Back to the church he goes, shame! Read the HCA judgement; Rick, it is abundantly clear in this case why the HC entered verdicts of acquittal. It is a very tendentious gloss, on your part, to suggest that the role of the jury in Pell was '...dispensed with so easily.' by the HCA, stickwithricksa maybe its a Pedo ring?
Australia has no real Justice System , When has the public ever witnessed any crime in Australia being properly addressed? Or a criminal properly punished. Australia is a criminal's paradise. We have aptly named Kangaroo Courts and inept Judges.That are not fit for purpose. I have no confidence in the legal system now a trial by jury means nothing. a panel of 12 independent people is a farce stop wasting our time run all court cases with 3 judges to adjudicate.
Pell was found guilty by three Courts including “The Court of Public Opinion”! He was found guilty by a jury of 12 men and women! He’s as guilty as sin!where did the money come? Who paid for his defence and appeal? PARISHIONERS!!! Now he’ll be sued civilly! He’s a GRUB...!!! Money and power. Catholic Church will never get another cent from me.
The high court, seems to purely be there, as a legal endgame, for those that do have money, to appeal the that level Do any of those judges have any religious belief? If so, how can they even preside over a case like this? Hope he dropped the soap during those 400 days Disgusting. Religious criminal gangs pervade every aspect of our community.
Look the ABC has shown itself to be little more than sanctimonious dullards not only in relation to the Pell saga but any other issue of note. The Drum for example is guilty of wanton disinformation spewing from the mouths of numerous commentators. Lefties will suffer in hell. It was overturned because George Pell is a member of the Institute of Public Affairs and he has friends in high places.
Pell’s appeal succeeded because the whole thing was concocted by the ABC and Get Pell activists. This decision fucking disgusts and saddens me in a way I've never experienced before. There is no justice in this nation! Despicable! Once evil pervades the highest level of judgement there is nothing left worth honoring.
Someone needs to take the blinkers of if they believe the church didn't fund his defense. It's not what you know... Get over it ABC your side lost and you should apologise to Pell for the conduct you and your staff during the whole Pell case. Because he's a Cardinal. Untouchable... Because they got paid to overturn it
It is obvious that such decisions just show why people need to extract punishment on perpetrators themselves because the justice system us biased and corrupt I thought it was Russia.... opinion Because in my past experience as a devoted Catholic convert , the evidence put forward by Cardinal Pell’s defence team made sense regarding the routine after mass and not being alone in the sacristy. reasonable doubt .
💸💰💸💰💸💰💸 Queue all the lefties with their conspiracy theories As a person who has served on a jury, I can say from experience and with confidence those who belive in juries are deluding themselves. You don't ever want to have your life in the hands of 12 lay people most of whom are opinionated, ignorant and just don't want to be there.
LRS74 Yes, I immediately thought of the Chamberlains. Heaven only knows what they were smoking in the jury room. It succeeded because our system is very corrupt. Even our national tax payer funded news outlet which is meant to promote and support aspiring and controversial journos not marxist information/gender studies students.
High court ruled 7-Zip Pell cleared Julia Gillard Lost great day foe democracy 👍🇦🇺 $$$$$$$$$$$$$$$$$$$$$$$$$ Money buys many things The law of evidence is incredibly strict. This is about a case not being strong enough. Beyond all reasonable doubt, it's sacrosanct, to protect the innocent, courts err on the side of caution. maybe some guilty people get away with crimes, but it's the lesser of two evils.
absolute bullshit I was told there were other case against pell but were not submitted, correct me if Im wrong can he be tried under a new case? If we all didnt pay our taxes, we to could all afford our HC appeals, if needed Does the system have money, does the system have power? Do the maths, who do you think they relate to?
Vatican $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Because 2 incompetents out numbered the 1 with experience in this field. 😏 ABC ask the present govt that? Why did Pell’s appeal succeed? Really? Why not read the case & prosecution evidence, the reversed burden, the appeal judgement 2-1 & High Court judgement 7-0. Better odds on this case getting quashed than Winx.
If they're reluctant but still overturned then the original judgement must have been a real stinker eh? 3wombats $ Meanwhile, a mother and daughter are held and given a fine of $1600 for a driving lesson. Panic stations. Heaven help us if an asteroid comes. Simple....having been a jury foreman, its called reasonable doubt
Yep, juries out, save time, go straight to a panel of judges. Corrupt judicial system. Der!! Because the assholes got paid off by the Catholic Church 🤬🤬🤬 Flawed article that supposes that the jury decision was dispensed of so easily. It took both Victorian Court of Appeals and High Court of Australia to arrive at a decision that repudiated the jury, hardly an easy or common sequence of events.
the high court went over the line today. its quite donald trumpy the way they threw out the jury verdict and the next court of appeal. how do we sack them? they should go and work in a third world dictatorship Lots and lots of $$$$$$$$$$, and mostly catholic judges. Because our dick head PM is out there pledging our country to his imaginary friend. The separation between church and state is narrowing by the day... Oh plus their tax exempt pricks... The last one isn't relevant... This time...
Because the game is rigged. The table is tilted. The law serves the rich, the powerful, and the connected. Always has, always will. Who paid how much? We all need to know.... He's a powerful man with powerful friends. Great, I have been on three juries, never be on another. I don't know what people don't understand about Pell today😟..I'm confused
Evil... Just coz the conviction was quashed DOES NOT MEAN HE DIDN'T DO IT!!!! It's just that there was doubt from a legal perspective. Because it’s child one group of child molesters watching the backs of another group of them. Who are the judges? Can they not be held accountable and removed from their position like every other employee?
Friends in high places. Disgraceful 💩 Lapsed Catholic here. Not a Pell admirer at all. IMO evidence of guilt was never conclusive, always iffy. To accept that Pell lies, was wrong but his accusers were never mistaken, never misremembered, never wrong? No. Doesn't work. Plus, the chances of a fair hearing in Melb?
Where do we sign up to crowd fund the next set of trials on behalf of victims to lock this monster up for good? Money, power and connections. As per usual. No justice for the abused. Decision based on who the Accused is. Money / power, that's all. Seems that any jury decision could be picked apart by the High Court, if the appellant was wealthy enough
Because the corporation he belongs to is so very very wealthy...they'd prefer to protect the church than victims of sexual abuse No faith in justice system here too. They must be paid well. moneycanbuyanything Followers of Pell already believe in the biggest lie Why didn’t the accuser face the accused in open court, like everyone else?
Corruption filthy paedophiles the lot of them catholicchurchisapaedophiletrainingcentre Corruption. Follow the money, the church still have lots of it, they probably enough to pay tax Hope this is a Rhetorical question? There is no justice in this world “ only the law : The Victorian Judiciary under Comrade Andrews is as Left as you can get🤔 The High Court of Australia is the opposite 🤷♂️ Victoria want to convict and the evidence was very weak, so an easy job for the High Court😐
Thirty pieces of Silver : D I S G R A C E F U L Bad news for the victims. But if you know enough people in the Wright places and have enough money. Anything can happen. Also most of the judges arrived with captain cook. Same reason African gang members get bail three times in a row. Public perception or pressure from high places causes the person with the last word to feel they need to make a certain decision.
Because he has money and two ex Prime ministers in his pocket. Rich, white, powerful, connected. He was never going to die in prison. Simple. You are innocent UNTIL proven guilty. Nothing to see here, priests have been having sex with little boys for decades. Not on this occasion, just ask Peta Credlin.
Navi’s of Catholic Churches political pulling $ An investigation needs to be launched into and their coverage of this individual and his court case over years/decades.. The first jury couldn’t reach a verdict! Because it was an an appallingly unsafe judgement. Rule of law trumps hysteria. Simples. $$$ Yes, why? And who funded the expensive appeal process? PedoPell
A convicted criminal is released while Assange rots and dies by Oz national negligence. Political motivation They are not reluctant to overturn jury verdicts, they have never had a jury that got it wrong. I do not blame the jury, MSM drummed up so much emotion of course they thought he was guilty. Experts said before the trial started MSM were making it impossible for a fair trial.
Have one guess? Because Monsignor Charles Portelli was willing to lie on Pells behalf and the lie of an institutional leader, even if obviously a lie, always sits above the truth of a victim He gets out because he's a child raping elite!!!!! Surely all you in the media know this? Do you know what you the media, MSM will do? FUCKALL You will help sweep this under the Corona rug.
The secrets the kids held tight aren’t the worst secrets Every corrupted, malevolent, criminal organisation wins. Catholic church is one of them, has been for many years. This is the fault of shitty case put together by the dept of prosecutions. Should never have got to court based on the evidence. A case so much in the public eye should never been brought infront of a jury. Big fucking suprise it was overturned
What is the point of a jury Innocent! Maybe the prosecution's case sucked? Just maybe? Could that be a possibility? Nahhh of course not. Let's go straight to the conspiracy theories. Civil cases will be more just. Balance of probabilities is the measure of guilt or innocence. $ Pell has pals in high places?
Money! “...,..whether a jury decision is a safe decision that has not been infected with the hue and cry or matters outside the evidence that was put to them..” Yes. A “hue and cry” partly instigated by the ABC. Establishment takes care of its own paid off the judges Because of Catholic high court judges?
Good Question. WRONG Money talks, child abusers walk. The evidence was not there. The complainants were not seen to have semen streaming from their mouth or anus. We need proof citizens, proof. We can't just rely on a reliable witness. As If. PedoPell has good connections, and the kiddy fiddler army are powerful.
The jury system is now effectively dead. If I was called to be on a jury I would feel obliged to pronounce a not guilty verdict based on ANY opposing evidence to guilt. That is the High Court's ruling. que the conspiracies... High Court always rules according to Black Letter Law. Because people let their over-emotional witch-hunting make them sloppy. The lower court let itself be influenced by the overeager crowd & as a result did not deliver a watertight outcome. Yet here we are, with the same overemotional idiots baying for blood in the replies.
To understand one should really read the full High Court ruling, most people can then make-up their own mind. The Lindy Chamberlian case was one where many wanted blood lust & her case was overturned too. Pell's appeal was successful because the highest court in the land applied the simplest rule of the due process of law which is the presumption of innocence until proven guilty beyond reasonable doubt and by doing so exposed the perversion of justice by Victoria's court system
Shame on the High Court what do we have Juries for,those with money can get there convictions over turned I wonder if all those Judges where Catholics . 🤬 $$$$$ The Catholic church is one of the wealthiest and powerful organisations on the planet. What do you think? paid off judges aye Pedo’s in high places 🤔🤷♂️
The obvious love affair between ScottMorrisonMP and the Vatican 😍 Thankyou ABC for your reporting on this matter. Many of us had grown up trusting our Parish Priest only to have experienced or heard others experience sexual abuse. You have provided a voice for survivors to be heard thankyou from many who are not here today but the truth is told
Christian exceptionalism? Robes looking out for Robes Because there was a gross miscarriage of justice..
FIRST SIGHT OF PELL: Watch the moment George Pell is released from prison | Sky News Australia George Pell has left Victoria's Barwon Prison after his sexual abuse conviction was overturned unanimously in the High Court .\n\nMr Pell spent 405 days in jail after an initial ruling found him guilty in 2018.\n\n Cardinal Pell said he held “no ill will toward my accuser” adding “I don’t want my acquittal to add to the hurt and bitterness so many feel; there is certainly hurt and bitterness enough”. \n\nImage: Supplied\n\n Lucky all the kids are locked down sickening Wonder how fast he’ll schedule private sessions with some kids?
George Pell High Court decision LIVE: Cardinal to be freed from prison after conviction overturnedThe High Court has granted Pell leave to appeal his convictions, and allowed that appeal. Read the full summary judgment in our live blog Proof there is no god. So all those stories from men who were tormented by what happened to them as children are now false alright covid 19, do your thing
Pell to walk free after High Court overturns conviction Cardinal George Pell will be freed from jail after the High Court overturned his conviction. The court found there was a 'significant possibility' an innocent person has been convicted Corruption tell that to the victims The Illuminati at work Guess it’s pretty hard to convict rich pedophiles with mates in government.
George Pell to walk free after High Court quashes child sex abuse convictionsThe High Court of Australia grants George Pell 's appeal against his 2018 convictions for sexually abusing two choirboys in the 1990s. “One of the first things taught by high school teachers of legal studies is the difference between a ‘not guilty’ verdict and factual innocence. Not guilty only means the charge against the accused is not proven to the standard required in criminal trials-beyond reasonable doubt. lay them new charges... now...auspol2020 DanielAndrewsMP
George Pell will walk free from prison after High Court quashes child sex abuse convictionBreaking: The High Court quashes George Pell 's conviction, with Cardinal Pell to walk free from prison. paedophilePell We can only hope that due to his age, he gets Coronavirus. 😡 😡👎
Pell to walk free after High Court overturns convictionBreaking Cardinal George Pell will be freed from jail after the High Court overturned his conviction for historic child sex offences Is it the 1st of April again? This is a fucking joke! George Pell is a paedo and was convicted by a jury. High Court of Australia is corrupt. He should celebrate by going on a nice cruise.