Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
18.
It suffices to refer to the evidence concerning (i), (ii) and (iii) to demonstrate that, notwithstanding that the jury found A to be a credible and reliable witness, the evidence as a whole was not capable of excluding a reasonable doubt as to the applicant's guilt.
(i) The applicant's movements after the Mass
Portelli had served the applicant's predecessor, Archbishop Little, as master of ceremonies and he continued in this role following the applicant's installation as Archbishop of Melbourne. Portelli's duties included meeting the applicant when he arrived at the Cathedral for Sunday solemn Mass and escorting him to the priests' sacristy, where he assisted him to put on his vestments.
In evidence-in-chief, Portelli explained that, at the conclusion of Sunday
solemn Mass, he was beside the applicant as they processed down the centre aisle
to the great west door. The applicant always left the procession at the west door
and stood on the steps to greet congregants as they were leaving. He handed his
mitre to one of the two altar servers who accompanied them, and his crosier to the
other. Portelli remained with him. The "meet and greet" could vary from "as little
as ten minutes, say up to 15 or nearly 20. It would depend on what else we had to
do that afternoon." Portelli disputed that, even on occasions when there was an
engagement in the afternoon, the length of the "meet and greet" might be shorter,
saying "it wouldn't be much shorter. It wouldn't make sense to stop for any less
time than at least - at least six or seven minutes." He was asked:
"Q. Sure, but was there an occasion or were there occasions, as best you can recall, where the Archbishop might depart from that practice and speak for a short period of time before returning to the sacristy?
A. He may have done so on occasion, yes.
Q. When I say short period of time, I'm speaking of just a couple of minutes?
A.Yes, I suppose that's possible but I don't really recall it, but it's possible."
In cross-examination, Portelli agreed that the two occasions in December when the applicant celebrated Sunday solemn Mass were memorable; there were a large number of congregants who wished to meet the applicant. The applicant remained on the steps of the Cathedral greeting people for at least ten minutes on
