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Default Re: Roman Catholic sex scandal of the day - 06-04-2014, 01:22 AM

Just an iteration of the Ellis defence. Papist responses may be viewed here.

SUMMARY
§ There is no such thing as the "Ellis defence". The Ellis decision did not create new law. It did not create a shield to protect church parties from legal action. Church parties can and have been sued.
The Ellis defence does not refer to any new category of law, but rather to an effective response by the church to a claim brought by Ellis. He lost. They won. They were defending. That is the Ellis defence. vide infra

§ After Mr Ellis lost his court case, he received several hundred thousand dollars in financial assistance from the Archdiocese. In addition, the body corporate of the Archdiocese did not require Mr Ellis to pay its costs of the case – even though the court had ordered Mr Ellis to do so.
O niggardly Ellis. O magnanimous Pell.

§ The suggestion that the Church cannot be sued by victims of sexual abuse is incorrect.
A particularly cynical response since anyone may go to law over any matter regardless of whether their case is likely to succeed or certain to be thrown out. What was made clear in this particular case was that an Australian court does not have jurisdiction over an entity based in the Vatican, that the Vatican entity does not have "branches" and that local dioceses do not own property. The diocese consists of the people living in it only and any lawsuit brought would be against them, or maybe a oriest (who does not own anything) in effect meaning that damages awarded would come out of the collection plate and not from sale of assets (because gold crosses, gilded altars, church buildings, assorted mansions and so on are not assets of the diocese).

§ Church officials and Church entities responsible for abuse in the Church either directly or by their negligence can be and are sued.
A good example being Cardinal Pell. He was sued by Ellis. Ellis lost. In other words the Cardinal was not an official or entity responsible for abuse in the Church either directly or by his negligence.

§ Ellis stands for nothing more than the commonsense proposition that you cannot be liable for wrong doing of others unless you are directly or indirectly responsible for supervising their conduct.
Or in commonsensespeak priests are unsupervised and forbidding them to marry does not constitute indirect responsibility.

§ The Archdiocese of Sydney has not organised its affairs to avoid its responsibilities to victims.
No, the international labyrinth has.

§ The Catholic Church is not like a corporation with one basic structure for its activities.
Yes, that's the whole point of the Ellis defence.

§ Where liability or potential liability is clear the Archdiocese accepts responsibility and seeks to resolve the complaint.
It has always been clear that where archdioceses are involved nothing will ever be clear, especially not liability.

§ The Church is strongly committed to helping victims of abuse and where responsibility is clear, the Archdiocese of Sydney seeks to resolve claims out of court.
Yes, they do like the expression "where responsibility is clear" and although claims might be resolved out of court from time to time should the in court option be taken more funds are available for lawyers than would ever be lavished on out of court settlements.

§ Most importantly, the Archdiocese of Sydney is committed to ensuring victims are treated justly and with compassion and respect.
Ellis is educated in Law. He was interviewed recently. There is a legal meaning for the expression novel use. Archdiocesan invokation of the words compassion and respect constitutes novel use by any commonsense definition of those words. But we're not really talking commonsense here, are we. This is law. Big Law with a budget of trillions, and the gates of hell shall not prevail against it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ON THE BROADER CANVAS
Quote:
_Transcript 11 March 2014 http://www.abc.net.au/worldtoday/content/2014/s3960863.htm
In a statement to the Royal Commission, Cardinal George Pell says he's troubled by the way that case was handled.
He says it's his view that the Church should be able to be sued in cases of that kind.
Father Frank Brennan is a professor of law at the Australian Catholic University:

FRANK BRENNAN: It's heartening to see that at the top leadership of the Catholic Church in Australia, in relation to a case where Cardinal Pell himself was involved as the Archbishop of Sydney while this litigation was playing itself out, it would seem that in hindsight he's saying, "We've got to be able to do better than that." And I think that's good news for everyone.
Whizz for Atoms (and Cardinal Pell). Cardinals belong to a very high order of self-aggrandisement. Their insight must far exceed mine and indeed my commonsense appreciation of language, a commonsense they have promoted vide supra §5, must be especially deficient. "We've got to be able to do better than that" suggests some underlying desire, unfulfilled.

In my delusion, the one I mistake for commonsense, underlying desires produce present actions. Actions such as instructing lawyers to crush this worm and don't spare the horses. And "good news for everyone" means glad tidings for more than just the Vatican bank. Yes, mine is a confused and blurry vista. Let's take another look at how the current grand fromage from that august bank acted out the earnest desire to do better than he did:

Quote:
_updated 28 March 2014 (same link as at top of page)
Cardinal George Pell (as head of the Sydney Catholic archdiocese) instigated the archdiocese's legal battle against the former altar boy John Ellis, according to evidence and documents presented to Australia's child-abuse Royal Commission in March 2014. Pell's legal victory in 2007 (known as the "Ellis defence") now forces church-victims to accept a discounted in-house "Towards Healing" settlement instead of suing for proper compensation, the Commission was told.
That's some serious commonsense right there. What was his reward?

Quote:
_Updated 25 Feb 2014 http://www.abc.net.au/news/2014-02-25/george-pell-named-as-head-of-vatican-finances/5281300
"The Holy Father today announced a new coordination structure for economic and administrative affairs of the Holy See and the Vatican State," it said in a statement.

The Vatican said the move followed recommendations made by cardinals advising the Pope, including for a "more formal commitment" to international standards.

The changes "will ensure better use of resources, improving the support available for various programs, particularly our works with the poor," it said.

It is seen as a plum posting for Cardinal Pell, who will relocate to the Vatican by the end of next month.

__________________
1. "diocese" or parish or archdiocese, in all cases property is in some sort of trust and never constitutes assets.
2. "priest" includes bishop, archbishop & cardinal, who are all types of priests.
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