The father of a deceased former choirboy is suing Cardinal George Pell and the Catholic church claiming he has suffered psychological injury after learning of allegations his son had been sexually abused.
Pell was acquitted in 2020 when the high court quashed his convictions for child sexual assault related to allegations he molested two choirboys in the late 1990s when he was the archbishop of Melbourne.
Pell has always maintained his innocence and the high court found the jury ought to have entertained a doubt as to Pell’s guilt with respect to each of the offences for which he was convicted. He served 13 months in prison before being released.
One choirboy’s father has filed a civil case in Victoria’s supreme court, seeking damages against the Catholic Archdiocese of Melbourne and the 81-year-old Pell.
The man is not identified and is listed in court papers under a pseudonym.
He claims to have suffered nervous shock arising from learning of allegations his son had been sexually abused.
He has suffered from chronic adjustment disorder and persistent complex bereavement disorder, with mixed anxiety and a depressed mood, court documents claim.
The father also says he has lost money due to medical expenses and has lost his earning capacity.
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Justice Michael McDonald asked lawyers representing the church whether they were going to rely on the Ellis defence, during a brief hearing on Thursday.
The Ellis defence, which allowed the Catholic church to deny liability to alleged sexual abuse survivors, was abolished in Victoria in 2018.
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Unincorporated associations, such as churches, now have to nominate an entity able to pay damages.
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However, it is unclear whether the defence could still be used in cases brought by people who claim to be secondary victims, including alleged victims’ families.
The archdiocese’s barrister, Geraldine Gray, told the court the church had not yet decided whether it would use the Ellis defence.
“If the Ellis defence isn’t going to be taken, the proceedings would go ahead,” McDonald said.
He set down a hearing for 4 August on the question of whether the Ellis defence would apply.
The father of a deceased former choirboy is suing Cardinal George Pell and the Catholic church claiming he has suffered psychological injury after learning of allegations his son had been sexually abused.
Pell was acquitted in 2020 when the high court quashed his convictions for child sexual assault related to allegations he molested two choirboys in the late 1990s when he was the archbishop of Melbourne.
Pell has always maintained his innocence and the high court found the jury ought to have entertained a doubt as to Pell’s guilt with respect to each of the offences for which he was convicted. He served 13 months in prison before being released.
One choirboy’s father has filed a civil case in Victoria’s supreme court, seeking damages against the Catholic Archdiocese of Melbourne and the 81-year-old Pell. The man claims to have suffered nervous shock arising from learning of allegations his son had been sexually abused.
He has suffered from chronic adjustment disorder and persistent complex bereavement disorder, with mixed anxiety and a depressed mood, court documents claim. The father also says he has lost money due to medical expenses and has lost his earning capacity.
The case will be heard in early August.
