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Posted: 2018-03-20 06:13:53

Cardinal Pell’s high-profile defence barrister, Robert Richter, QC, said the ‘‘troubling’’ statement put his legal team in an ‘‘invidious’’ position and would not allow them to have the opportunity to properly cross-examine the witness.

They argued it should not be considered during the committal hearing.

‘‘Whether charges are to be laid or not … it should not be part of this committal at this stage,’’ Mr Richter told the court.

Mr Richter said the statement was ‘‘problematic’’ and argued it should instead be included in another later hearing if charges were to proceed, once his legal team had been given time to investigate the claims.

"We have not had any opportunity to do any investigation," Mr Richter told the court.

The witness had been called to give evidence to answer questions about an earlier statement he had provided to police which placed the Cardinal at a location at the time an alleged sexual offence is claimed to have occurred.

Robert Richter, QC, arrives at Melbourne Magistrates Court on Tuesday.

Robert Richter, QC, arrives at Melbourne Magistrates Court on Tuesday.

Photo: AAP

Mr Richter requested the witness’ first statement be removed from the police brief of evidence and that he no longer be called to give evidence in the hearing.

Prosecutors did not oppose his request and the witness will no longer give evidence.

Five other witnesses also gave evidence on Tuesday.

One priest spoke about the cardinal’s time at St Patrick’s Cathedral and said the then-archbishop was never alone when he was there to give Sunday Mass.

Charles Portelli, who was the then-archbishop’s staffer and Master of Ceremonies, said the cardinal was always accompanied by a staff member when he robed and de-robed in the priest’s room.

‘‘It was impossible for him to be alone on a Sunday mass, it was simply impossible,’’ he told the court. ‘‘I was always standing near him.’’

Former assistant of then Archbishop Pell, Max Potter, told the court the priest’s room at St Patrick’s Cathedral was always locked after mass, meaning that outsiders could never enter without a key.

The hearing before magistrate Belinda Wallington continues.

Melissa Cunningham

Melissa Cunningham reports breaking news for The Age.

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