Disgraced Cardinal George Pell has arrived at court wearing his traditional clerical garb as he begins his appeal to overturn his child sex abuse convictions.
The former senior Vatican official was transported from prison to the Victorian Supreme Court in Melbourne on Wednesday for his appeal hearing.
His appearance in black, with white collar, is a return to a more confident looking Pell, who appeared at his sentence in civilian clothing.
Pell, who has been kept under protection since being jailed in March, appeared healthy and has not appeared to lost or gained any weight in captivity.
Lawyers for Pell will try to convince the court that their client was treated unreasonably during a jury trial which found him guilty of molesting choirboys.
Disgraced Cardinal George Pell (pictured) has arrived at court as he begins his appeal to overturn his child sex abuse convictions
In written submissions, Pell’s defence claims more than 20 prosecution witnesses who had an official role in that Sunday’s solemn mass – after which the jury accepted the offending occurred – gave evidence the offences did not or could not have occurred.
They included Pell’s Master of Ceremonies, the Sacristan who was in charge of the sacristies, adult altar servers, adults in charge of the choir and a large number of ex-choirboys.
‘These witnesses gave evidence, either explicitly or to the effect, that the offences alleged did not or could not have occurred,’ Pell’s defence argues.
Pell has always denied the abuse and is appealing his conviction on three grounds: that the jury verdict was unreasonable, and that two errors were made in the way the trial was run.
Pell was convicted of sexually abusing his victims in the priests’ sacristy at Melbourne’s St Patrick’s Cathedral after presiding over one of his first Sunday masses as archbishop.
He attacked one of the boys a second time in a corridor at the rear of the cathedral after another Sunday mass.
Pell’s legal team will attack the jury that found him guilty, arguing it had ‘no rational basis to reject evidence’.
‘No rational basis for rejecting this evidence was ever advanced by the prosecution at trial,’ it states.
‘The complainant’s claims were so implausible that a reasonable jury must have had a reasonable doubt.’
Sydney barrister Bret Walker SC is leading Pell’s appeal, which has been set down for two days.
In response, Prosecutor Mark Gibson argues the one issue for the jury was whether the acts Pell is accused of had occurred.
‘By and large none of these witnesses were in a position to say that the offending “did not happen”,’ he stated in written submissions.
The former senior Vatican official was transported from prison to the Victorian Supreme Court in Melbourne on Wednesday for his appeal hearing
‘Rather, the evidence from a handful of witnesses suggested that certain scenarios, such as the Archbishop being alone and robed, were unlikely.’
Prosecutors have countered each of the defence claims arguing evidence showed it was possible, and hit back at the claims against Mr Gibson’s closing address was ‘without merit’.
‘The events described by various witnesses … established that there was more than ample opportunity and circumstances for the offending, described by the complainant, to have occurred,’ their submissions claim.
‘The day itself, whilst significant and memorable for the complainant, could not be described as remarkable for anyone else who was simply going about the business of Sunday mass.’
The second boy abused by Pell died in 2014. Lisa Flynn, a lawyer representing that man’s father, said the appeal had caused him sleepless nights.
‘Understandably he is feeling really anxious knowing that George Pell’s conviction could be overturned but he is extremely hopeful that this will not be the case.’
The conviction was only publicised in February after a gag-order was lifted.
A judge noted the cardinal could well die in prison.
Pells appearance at court marks the first time he has been spotted since sentencing in mid-March.
The hearing was moved from the Court of Appeal to the Supreme Court because of the scope of interest in the case.
A crowd could been seen gathered outside of the court with a protester brandishing a placard.
Inside, a line of people snaked down the hallway of the Supreme Court where dozens of people lined-up outside court 15 where Pell’s fate will be decided.
Professor Jeremy Gans, who heads the Melbourne Law School and is an expert on Victoria criminal law, said Pell has a strong chance of winning the appeal on the ground that the verdicts were ‘unreasonable’.
The appeal was moved from the Court of Appeal to the Supreme Court because of the scope of interest in the case
Pells appearance at court marks the first time he has been spotted since sentencing in mid-March (pictured, a protestor could be seen standing outside the Supreme Court as Pell begins his appeal hearing on Wednesday)
The appeal is being heard by the chief justice of the Supreme Court of Victoria, Justice Anne Ferguson, president of the Court of Appeal Justice Chris Maxwell, and Justice Mark Weinberg.
It is being streamed live online.
A decision on the appeal could be weeks or months away and if unsuccessful, Pell has declared he won’t appeal the sentence.
Support groups have warned the appeal could be traumatic for people who have experienced abuse.
‘With this appeal, there is a significant risk that many survivors will be triggered as a result, and thrown back into their own trauma, strong emotions and reactions,’ Blue Knot Foundation president Cathy Kezelman said.
Lawyers for the former senior Vatican official will try to convince the Victorian Supreme Court, in Melbourne, that their client was treated unreasonably during a jury trial which found him guilty of molesting choirboys (pictured, Pell leaves the County Court in Melbourne in February)
Pell had requested to be in court for the appeal hearing, and the ABC reported he will be transported from prison (pictured, Pell leaves court following sentencing in March)