FIGURES in the Vatican in the 1990s thought that sexual-abuse
accusations against priests were made by enemies of the Roman
Catholic Church to "make trouble", Cardinal George Pell has told
the Australian Royal Commission into Institutional Responses to
Child Sexual Abuse.
These people thought that accusations should be dealt with
sceptically, he said, meaning it was more likely that the accused
would be given the benefit of the doubt than that listening
"seriously to the complainant" would take place. This changed, he
said, when a deputation of American cardinals explained
"vigorously" to the Vatican that there were genuine complaints, and
that "good people, people who loved the Church, were saying that
it's not being dealt with well enough."
Similar sceptical sentiments were not apparent in the Church in
Australia at that time "to anything like the same degree", he
said.
Cardinal Pell is shortly to leave Australia to take up the
position of Prefect for the Secretariat of the Economy of the Holy
See, one of the most senior offices in the Vatican.
He was called before the Commission in relation to a case study
concerning a former altar boy, John Ellis, whose abuse complaint
was the subject of a landmark court case when he attempted to sue
the RC Church. In 2007, the NSW Court of Appeal accepted the
Church's claim that it was not a legal entity, and therefore could
not be sued, a ruling that has become known as the "Ellis Defence".
The ruling has since been used in other cases.
The Church spent $1.5 million defending itself after refusing Mr
Ellis's offer to settle for $100,000 in compensation; Mr Ellis
refused the Church's offer of $30,000.
Cardinal Pell told the Royal Commission that he had not been
consulted about the compensation amounts involved, contradicting
evidence from three diocesan officers that he had been consulted.
He said that he had "explicitly endorsed the major strategies of
the defence" in the Ellis case, although he had not been aware of
the strategy now known as the "Ellis Defence".
Cardinal Pell also called on the federal government to set up an
independent body to recommend damages to be paid to child-abuse
survivors.
Meanwhile, the Victorian government is introducing legislation
making it an offence, punishable by up to three years in prison,
for anyone in responsibility to fail to report known or suspected
child sexual abuse to police. The laws, an outcome of the Victorian
Parliament's inquiry into child sexual abuse, which concluded last
year, will apply to churches, schools, sporting clubs, youth clubs,
and the government.
The laws will not apply to information obtained in the
confessional, but the Premier, Dr Denis Napthine, said that priests
would have a moral and ethical responsibility to speak to the child
concerned outside the confessional, and then report the abuse.