Monday, May 28, 2018
Secret trial for Cardinal Pell
The Star Chamber lives on in Australia. Wikipedia: "The term star chamber has come to mean any lawless and oppressive tribunal, especially one that meets in secret".
The Victorian Department of Public Prosecutions has narrowed its application for a complete ban on media reporting of the trials of Cardinal George Pell, but is still seeking an order that will have the effect of a ‘super injunction’.
Yesterday, New Matilda reported than the DPP was seeking a complete ban on any media reportage of Cardinal Pell’s upcoming trial related to a number of offences. The application was so broad that if granted, it would also have the affect of banning any reporting of the ban itself – known legally as a ‘super injunction’.
However late this afternoon, the DPP submitted an amended application, which narrowed the ban on media.
Cardinal Pell is facing two separate trials related to allegations of a number of historical sexual offences.
The DPP is currently only seeking to ban media coverage of the first trial, although if granted tomorrow morning, it will still have the effect of banning reporting of the trial and the injunction until the second trial concludes.
At this stage, media may be able to report some of the second trial as it proceeds, provided the DPP does not seek a fresh suppression order.
The application, to be heard in the Melbourne County Court tomorrow morning before Chief Judge Peter Kidd, requests that:
“Publication is prohibited of any report of the whole or any part of these proceedings and any information derived from this proceeding and any court documents associated with this proceeding.
“The order will expire upon commencement of the final trial save that publication of any report of the whole or any part of previous proceedings and any information derived from previous proceedings and any court documents associated with previous proceedings will be prohibited until verdict in the final trial.
“For the avoidance of doubt, publication is prohibited of the number of complainants, the number of charges, the nature of the charges and the fact of multiple trials.
The DPP will argue that the order is “necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means”.
Further it is “to ensure that jurors and potential jurors in the prosecution for alleged sexual offences against George Pell do not become aware of the matters the subject of these proceedings other than those in which they are directly involved”.
In other words, the DPP appears to be trying to ensure that potential jurors in each of the trials are not made aware of the trials in which they are not participating. Reporting of the details of the first trial during the course of the second trial would ordinarily be limited on account of contempt laws, regardless of any suppression order.
While ‘super injunctions’ have, traditionally, been a relatively uncommon mechanism in the courts, they’re becoming increasingly popular, particularly in Victoria.
If granted, this story and other New Matilda reporting from earlier in the week will have to be removed from publication.
Cardinal Pell, aged 76, is the most senior Catholic charged with sexual offences anywhere in the world. Cardinal Pell has strongly denied the allegations leveled against him, and has already formally pled ‘Not Guilty’.