“...There may be cases where there is something particular in the video-recording that is apt to affect an appellate court's assessment of the evidence, which can only be discerned visually or by sound. In such cases, there will be a real forensic purpose to the appellate court's examination of the video-recording. But such cases will be exceptional ....”
So, what about the facts? I know it is said that “absence of evidence is not evidence of absence”, but that is not a rule of law. The strange thing about this case is that the alleged criminal behaviour, being unusual and surely of a compulsive nature, was accompanied by so few complaints. If it had happened as alleged, you would expect there to be a multitude of similar complaints covering criminality over many years. Frequent association with young choristers would, one might suppose, make repetition more likely. True enough, juries are told to consider only the evidence that has been given, but they are also told to use their common sense and experience when assessing it. Consistently with this, a defendant’s good character is admissible as evidence to challenge the credibility of an allegation. In this case the High Court held that the jury should have had a reasonable doubt about guilt, but we may well think that on a common sense view the probability of innocence is virtually certain.
Update: For a full critique of the intermediate appellate court decision in Pell, see Dennis J Baker, "Accusation as Proof: Uncorroborated Historic Sexual Abuse Allegations" (2020) 84(1) Journal of Criminal Law 1.