CATHOLIC CHURCH THIRD IN COMMAND - GEORGE PELL |
George Pell: If police charge the Catholic
Archbishop, we're in uncharted territory
ANALYSIS
By Noel Debien
As Victoria Police deliberate whether or not to lay charges against
Cardinal George Pell, they are also weighing up whether to prosecute a
potential world leader. This bold notion is not purple media prose. It is
simply stating the facts.
Cardinal Pell strenuously denies the allegations made against him.
The Ballarat-born 75-year-old is potentially the pope in waiting. All it
takes is for Pope Francis to die suddenly, and one of the 120-odd Cardinals
will be the next pope. It could be Cardinal Pell.
Cardinal Pell is the head of the Vatican secretariat for the economy.
Effectively he is the third in charge of the 1.2 billion-member Catholic
Church. The Cardinal has diplomatic immunity as a Vatican official, and
Australia has no extradition treaty.
In the modern era, laying serious or criminal charges against a
Cardinal-Archbishop has not been done in free and democratic nations where
immunity could apply.
It has been done under communist regimes, but not the free world. There
is also the matter of Archbishop Wilson of Adelaide who was charged under
Section 316 of the NSW Crimes Act. But Archbishop Wilson is not a Cardinal.
There are two shocking prior cases involving Americans really worth
recalling. They concern Cardinal Archbishop Bernard Law of Boston, and Vatican
banker Archbishop Paul Marcinkus.
Cardinal Law was the Archbishop of Boston. Clergy sexual assault of
children was rife in Boston under his watch. And so was the official cover-up.
If you've seen the movie Spotlight, you have some sense of the depraved
situation, and the enormity of the damage done to children and families.
Vatican gave
diplomatic immunity to Cardinal Law
Cardinal Law was named a defendant in a number of serious and public
cases involving paedophile priests.
One of the worst cases included the notorious offender Fr John Geoghan,
who had more than 130 victims.
The Boston Globe blew the whistle on extensive cover-ups in the
archdiocese in 2002 and Cardinal Law resigned as Archbishop in December that
year.
The Massachusetts state attorney-general launched an investigation into
sex abuse and the Church.
When the report was published in 2003, it said that under Cardinal Law's
watch, the archdiocese of Boston had "made choices that allowed the abuse
to continue".
But it went on to say the cardinal had not broken any laws, since
Massachusetts laws requiring priests to report abuse had not been introduced
until 2002.
Law and jurisdictions are key in many of these matters. More about that
later.
But after his resignation in disgrace, Cardinal Law went to the Vatican
where he was given diplomatic immunity, a flat and a job by Pope John Paul II.
The pope then gave him the honoured position of Archpriest of St Mary
Major's basilica, one of the seven great churches of Rome.
He has never been charged concerning the crimes committed by priests
under his watch in Boston. He is now retired in the Vatican.
Subjected to moral
disapproval, critical press but no charges
Archbishop Paul Marcinkus was the head of the Vatican Bank from 1971 to
1989. He presided over the Vatican Bank scandal, which involved, at various
stages, suicide or murder and complex links to organised crime.
On 24 April, 1973, Marcinkus faced questioning at the Vatican by a US
federal prosecutor. The head of the organised crime and racketeering section of
the US department of justice also questioned the Archbishop.
It concerned his role in the delivery of US$14.5 million worth of
counterfeit bonds to the Vatican in July 1971. There was much more money
involved.
Archbishop Marcinkus was never charged. After all the financial scandal
and crimes had been exposed, the Marcinkus case was deemed unable to be pursued
under US law.
He eventually returned home to the US, where he died in 2006.
In the cases of Cardinal Law and Archbishop Marcinkus, no charges were
laid. The cardinal and the archbishop were subject to moral disapproval and
sharply critical press, but no charges under law.
Lack of sufficient evidence, or the absence of mandatory reporting laws,
meant they were not legally accountable either under US federal law or
Massachusetts state law. And here is where legal jurisdictions really matter.
If Pell is charged,
we are in new territory
Any possible charges being considered for Cardinal Pell would be under
Victorian state law.
They would be subject to the rules of evidence, meaning Victoria Police
must decide if any existing allegations or testimony would withstand
cross-examination in a court of law. That is a high bar.
And Cardinal Pell lives in a different legal jurisdiction. So even if
the cardinal was charged, he could choose to return to Australia, or he could
choose to remain in the Vatican.
Both would be legally possible, unless Pope Francis ordered Cardinal
Pell to return.
Under the Catholic Church's international code of canon law, the Pope is
the "supreme legislator", and is in charge of the church legally and
spiritually throughout the world.
But there is no modern precedent for a pope ordering a cardinal to
return and answer to a foreign legal jurisdiction, given neither Cardinal Law
nor Archbishop Paul Marcinkus were charged in the US.
The tiny Vatican State is independent of Italy. Its "code of penal
procedure" governs its courts. Remember Pope Benedict's butler, who was
charged under Vatican Law for stealing secrets?
The Lateran Treaty governs relations with Italy. Because Vatican law and
Italian law are somewhat intertwined, but not the same, there may be legal
avenues to explore there.
If Cardinal Pell is not charged, then the cases of Cardinal Law and
Archbishop Marcinkus could be seen as parallel; much said in the press, much
formal questioning, but no charges. But if he is charged, then we are in new
territory.
PAT SAYS:
This George Pell case is very serious and is a big test case for Pope Francis.
If he is charged by the Australians Francis should ask him to return to Australia to face trial.
If he is charged and Francis hides him in the Vatican anything Francis says about child abuse will be hot air.
The film about the alleged Pell abuse is very disturbing.
It is very serious that the third in charge of the RC Church is in this position.
So he's guilty until proved innocent then?
ReplyDeleteNo.
DeleteBut if he is charged he should return to Australia to defend himself.
No likelihood of that. Citing ill health, Pell declined to return to Australia to give evidence to the royal commission in person last year despite photographs of him in the picture of health enjoying alfresco eating and drinking in Rome. Australian police now hint that they have enough evidence to charge Pell with acts of sexual abuse—yet they have failed to do so.
DeleteYou will find that the Vatican is using all its contacts in and outside of Australia to put pressure on the Australian government not to charge Pell.
DeleteThe papal nuncio to Australia will be beavering away too.
Bishop P., what possibly effective pressure could that tuppenney state, the Vatican, exert on the Australian Government? I don't doubt that the Vatican, under its spick pope, will turn every trick to protect Pell; but, seriously, who listens to it now? It's a pariah state, mired in moral corruption and filth.
DeleteThe Vatican, whatever you may think of it, still exerts major power and influence all over the world. I wouldn't be too quick to rubbish its power and control. Just look at the recent World leaders queuing up to get in recently.
Delete10:25, it's all smoke and mirrors where the Vatican is concerned: the illusion of international statecraft and influence.
DeleteDo you seriously believe that someone like Donald Trump gives a hoot what the self-contradictory spick pope publicly says? He may appear to, but it is only appearance.
The institutional Roman Catholic Church is haemorrhaging members at an alarming rate; western politicians know this and, so, aren't frightened of the political fallout if they find themselves at odds with the Vatican. There are too few Catholics around now to make the sane difference.
The 'glory' days of international Roman tyranny are over.
You wish, Margie, you wish. Away back to your slot machines.
DeleteNo need to wish for what's already true.😅
DeleteYour delusions are playing up again, Maggie, aren't they? Ask Big Lily for one of your pills.
DeleteAs long as they're annoying you, I don't mind at all.😅😅😅😆
DeleteMagna is missing how diplomacy works - by deals and backhanders - and as a state in its own right the Vatican (not the RC church which is what he is talking about) still has considerable clout.
DeleteI'm glad that he has finally admiited to enjoying annoying other people on here; I can only assume he's had a day where he hasn't found any cars to ticket. After a few days of happily imposing penalty fines, he has been forced to come back on here looking for someone to goad.
Is that your best retort?
DeleteHow Grade 9!😕
Not a retort at all. Read what I wrote:
DeleteMagna is missing how diplomacy works - by deals and backhanders - and as a state in its own right the Vatican (not the RC church which is what he is talking about) still has considerable clout.
I'm glad that he has finally admiited to enjoying annoying other people on here; I can only assume he's had a day where he hasn't found any cars to ticket. After a few days of happily imposing penalty fines, he has been forced to come back on here looking for someone to goad.
If Pell was an "ordinary priest" in Ireland, USA, UK, AUS or NZ, given the nature of what is alleged, he would be out of ministry and, in all likelihood, would never minister again - even if there were no criminal prosecution. There are priests accused of much mess graphic behaviour and they are among "the missing". This is shocking.
ReplyDeleteI remember in December 2006 on the train between Hanoi and Saigon meeting an Australian man who claimed to be a lover/fuckfriend of the bishop in Sydney. I wish I could recollect more of what he had told me but he seemed fairly genuine. He was in his forties or very early fifties. Perhaps he was just bullshitting.
ReplyDeleteI suspect he was just bullshitting, he'd be quite at home on this blog then!
DeleteWell at least that man was a consenting adult.
DeleteA recent short Youtube video on the Cardinal.
ReplyDeletehttps://www.youtube.com/watch?v=KlsE38LEpRk
Makes sense that alleged serious crime should be tried in the jurisdiction where it allegedly happened unless the state is crooked. This is not the case here. Popes etc back in church history were pretty off the wall in behavior. Nothing new in a modern big wig pushing the boundaries.
ReplyDeleteAnd you were never "pretty off the wall" I suppose Sean Page. Laughable and the hypocrisy is something else.
Delete10.30 Why do you judge me. My point was objective. We agreed not to have a go at persons on here. History is it's it's own author.
DeleteI know I'm deviating, but any more word out of Tuam about their Deacon or have things simmered down?
ReplyDeleteIt seems the Garda are investigating.
DeleteI really can't say but that was 10 years ago and without any knowledge on my part of the archbishop's proclivities.When I was in Syria in the nineties, I visited the monastery of St George near the Krak des Chevaliers. There a Greek orthodox priest, while showing me the thousand year old wall paintings attempted to rub himself up against me so that I could feel his hardness against my stomach through his cassock. I have no illusions whatsoever about these men of God.
ReplyDeleteWere you impressed with his artifacts?
DeleteHe was like Friar Tuck, all jolly, with a beard and a hard on. Luckily I didn't get a visual on the artefact in question but the memory of his monstrance pressing against my belly has been more difficult to erase.
ReplyDeleteAt least his WMD is not in the hands of Assad :-)
DeleteConsidering how the West's gallant allies, namely Al Qaida, treat Christians in that neighbourhood, his WMD is probably decorating a tree or a municipal fence.
ReplyDeleteDoes anyone know what happened at WYD Sydney??
ReplyDeleteI dont.
DeleteDo you?
Who will eat all the ham sandwiches in Tuam today
ReplyDeleteThe nuns?
DeleteIt aint over until the fat lady sings. All those sandwiches.
DeletePat, what about the former Maynooth seminarian who was kicked out, allegedly, for sexually harassing another seminarian, and who was then ordained in a religious order and who now adopts a conservative Catholic stance, in public, at least?
ReplyDeleteI know of this case.
DeleteHave you evidence about his being kicked out for sexual harassment?
That vaguely rings a bell - How long ago was all that?
DeleteDuring Dermot Farrell's time - Western diocese, Elphin or Achonry.
DeleteAs to whether Pell will be charged will depend on the evidence and the likelihood of conviction. If he is charged Pell like any other Australian citizen deserves the presumption of innocence until proven guilty.
ReplyDeleteI had thought, Pat, that posts like 10 .30 were to be banned.
ReplyDeleteSean posted a false fact, "Popes etc back in church history were pretty off the wall in behavior. " he left out the word "some" but hey why let the truth get in the way of a good story. The post at 10:30 that you criticise and want banned, looks to me like someone asking a question. What is sauce for the goose is also sauce for the gander so 18:58 you can have it both ways, criticising 10:30 but having no problem with 08:55
DeleteOoh claw's in girls
Delete19.44 I accept the use of the word some would be more exact and stand corrected. I wonder is the real issue at stake here more than grammatical.
DeleteThis comment has been removed by a blog administrator.
ReplyDeleteThe comedian Al Porter wrote in the Irish Times that the best thing about Sydney was the sex he had with a young priest!
ReplyDelete