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Posted: 2018-02-21 01:10:36

Updated February 21, 2018 12:42:53

Cardinal George Pell's legal team have been denied access to the prison medical records of one of the complainants in the case against him.

The barristers representing the 73-year-old were last week denied access to the medical records of complainants who had sought treatment in the community.

But they persisted with an application to subpoena medical records from Justice Health, which provides medical services in Victorian prisons, arguing those documents were not treated as confidential under the Corrections Act and could be provided to a third party without a prisoner's consent.

But Magistrate Belinda Wallington has denied the request, telling the hearing that even prisoners have the right to keep their medical records confidential.

"My view is that despite the limits of confidentiality for the purposes of prison security, the records are confidential for all other purposes," she said.

"My view is that they are protected communications."

Cardinal Pell is fighting historical sexual offence charges involving multiple complainants.

No other details of the case against him can be reported for legal reasons.

Cardinal Pell was not present at today's brief hearing in the Melbourne Magistrates' Court to discuss outstanding subpoenas issued by his legal team as they prepare his defence.

The court heard that a number of subpoenas relate to private hearings of a royal commission and the complainants themselves have been issued with subpoenas.

The matter will return to court next week to discuss the return of subpoenas from Victoria Legal Aid, the Victorian Aboriginal Legal Service, a number of law firms and The Sydney Morning Herald newspaper among others.

Further documents provided by the ABC, journalist Louise Milligan, Corrections Victoria and a law firm have been released to the defence and prosecution.

Cardinal Pell will face a month-long committal hearing beginning in March.

The court will be closed to the media and public for up to two weeks as the complainants give their evidence, as required under legislation.

Topics: law-crime-and-justice, courts-and-trials, sexual-offences, community-and-society, religion-and-beliefs, catholic, melbourne-3000, vic

First posted February 21, 2018 12:06:12

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