The High Court has given claims about lack of opportunity an elevated technical legal status that outweighs the jury’s belief in the complainant’s testimony and their evident discounting of Pell’s claimed lack of opportunity. This appears perilously close to retrial by the court. A jury found the cardinal guilty beyond reasonable doubt of five offences. In doing so, the jury assessed the testimony and credibility of the complainant. They also considered the strength of the claims made by the cardinal about the timing of his whereabouts, who was with him at the relevant times and whether the offences could have happened.
Source: How George Pell won in the High Court on a legal technicality