In a previous comment, I wondered what motivated Victoria’s Court of Appeal judges, Anne Ferguson and Chris Maxwell, to reject Cardinal Pell’s appeal. I watched the delivery of the verdict. I was stunned to the point of feeling faint. I could not believe what I was hearing from the smug mouth of Ferguson with her superior ‘Karen’ airs. I asked whether it was incompetence, ideology or spinelessness that was the motivation. Damon Johnston’s article below on the appalling record of the Appeal Court under Maxwell suggests incompetence was the problem.
Victoria’s Court of Appeal savaged in landmark legal study
JULY 23, 2020 The Australian
DAMON JOHNSTON VICTORIAN EDITOR
Victoria’s Court of Appeal has been rocked by a landmark legal study finding that 18 criminal judgments under its president, judge Chris Maxwell, have been overturned by the High Court.
The report, by Victoria’s former chief crown prosecutor Gavin Silbert QC, concluded that during Justice Maxwell’s reign the court had “cast off its near-perfect record”.
“The first 10 years of the Court of Appeal in its criminal jurisdiction saw its judgments affirmed on 10 occasions and reversed twice by the High Court,” Mr Silbert writes in his report, published in the Australian Law Journal.
“The next 14 years (under Justice Maxwell) have seen the Court of Appeal’s judgments reversed 16 times and affirmed on six occasions, with a large number of its decisions criticised, particularly in … sentencing.”Continue reading The failure of Victoria’s Court of Appeal – Cardinal Pell