The sexual abuse case against Cardinal George Pell could fall apart after one of his accusers died after a long cancer battle.
Damian Dignan died from leukemia in Ballarat on Saturday, seven months after Pell was charged last June.
He and two former schoolmates at St Alipius primary school claimed the 76-year-old touched their genitals in a pool in Ballarat.
Damian Dignan (pictured), one of the three former choirboys who accused Cardinal George Pell of historical sex abuse has died after a long cancer battle
The trio made the claims on 7.30 in March 2016 and Victorian Police soon after confirmed the former Melbourne bishop was being investigated.
Pell has ‘vigourously’ denied the charges and vowed to defend himself at trial, even flying back from the Vatican to face initial court appearances in person.
Without Mr Dignan, prosecutors would have to change their plan for trying the case, which goes to a committal hearing on Match 5, or drop it altogether.
Former chief Victorian magistrate and crown prosecutor Nicholas Papas said convicting Pell was now a much more difficult task.
‘Normally it would be the case that without them there, the prosecution can’t proceed… You would normally say [an accuser dying] is the end of a prosecution,’ he told The Australian.
‘You’d normally expect those who are accused to be entitled to test the statements of the people who are accusing them.’
![Pell has 'vigourously' denied the charges and vowed to defend himself at trial, even flying back from the Vatican to face initial court appearances in person](https://i.dailymail.co.uk/i/pix/2018/01/07/10/47D846CF00000578-5243477-image-a-23_1515322175991.jpg)
Pell has ‘vigourously’ denied the charges and vowed to defend himself at trial, even flying back from the Vatican to face initial court appearances in person
Mr Papas said it was possible the prosecution could use any sworn statements, evidence under oath, of commission statements Mr Dignan made before his death.
Victorian Police declined to say whether or how Mr Dignan’s death would affect the case against Pell.
Mr Dignan’s former girlfriend Sharon Rixon mourned the loss of her ‘best friend’ and father of her children in an emotional Facebook post.
‘When two people part from a long relationship and remain best friends at the end of the day, that is something rare and precious,’ she wrote.
![Former chief Victorian magistrate and crown prosecutor Nicholas Papas said convicting Pell was now a much more difficult task](https://i.dailymail.co.uk/i/pix/2018/01/07/14/47D94C8100000578-5243747-Former_chief_Victorian_magistrate_and_crown_prosecutor_Nicholas_-a-3_1515336942847.jpg)
Former chief Victorian magistrate and crown prosecutor Nicholas Papas said convicting Pell was now a much more difficult task
‘I was so lucky and blessed to have that. I fought for you Damian and stood by you 100 per cent, I would never turn my back on you, you are my children’s father and the best person I know.
‘You had the biggest heart and loved your children unconditionally. I will continue to love, cherish and guide them in life and I know you know that.
‘It’s hard to say goodbye, but you’re pain free now and that’s the best thing we could hope for.’
Mr Dignan’s lawyer Ingrid Irwin hit out at the length of time it took for Pell to be charged, saying she was gutted he never saw Pell’s day in court.
‘It’s totally ridiculous that he’s now passed away without any justice, the legal system is completely inept and archaic,’ she told the Herald Sun.
‘He is one of the bravest Ballarat boys I know, he walked around broken and somehow found the strength to speak out about the problem.
‘There’s so many survivors out there that haven’t come forward but are heartened by what he did and they can see themselves in him.’
Ms Irwin, who also represented his fellow accuser Lyndon Monument, added that: ‘Without Damian Dignan there wouldn’t be anything happening.’
![Mr Dignan died weeks before Pell was to face a four-week committal hearing on March 5 to determine if he would face a jury trial](https://i.dailymail.co.uk/i/pix/2018/01/07/10/47D846C400000578-5243477-image-a-24_1515322190804.jpg)
Mr Dignan died weeks before Pell was to face a four-week committal hearing on March 5 to determine if he would face a jury trial
As many as 50 witnesses are expected to be called during the committal hearing, as Pell was facing numerous charges from multiple accusers.
The former Sydney and Melbourne archbishop and Ballarat priest has repeatedly denied the allegations and maintained he is innocent.
Pell said he is looking forward to finally having his day in court after a two-year investigation, and took leave from his Vatican position to fight the charges.
‘News of these charges strengthens my resolve and court proceedings now offer me an opportunity to clear my name and then return to my work in Rome,’ he said after being charged on June 29.
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