One of Cardinal George Pell's alleged victims denied being sexually abused, a court has heard.
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The man is dead but is central to one of the allegations in Pell's historical sexual offences case, the defence argues.
The man made no allegation against Pell when it would have been in his interests to disclose it while arguing for a reduced sentence in a criminal proceeding, the Melbourne Magistrates Court heard on Tuesday.
Defence barrister Robert Richter QC argued it was a critical issue, as he unsuccessfully sought material from Victoria Legal Aid (VLA) about a document prepared for the man's sentencing.
"(He) is central to one of the allegations and it is a very serious allegation," Mr Richter told the court.
"If the situation is that there is a report back in 2012 which is intended to mitigate penalty ... for him not to have mentioned any allegation or any interference by the defendant speaks volumes in the context of this prosecution.
"It is critical ... whether back in 2012 when it was entirely in (his) interests to make the allegation of sexual abuse by the cardinal that no allegation was made."
Mr Richter said the document and issue of disclosure were relevant to the credibility of particular allegations in the case.
"There's evidence of that person denying that there was abuse," he said.
"But in the context of trying to mitigate sentence and giving a psychological history, the context of it is of far greater significance than saying to mother 'no I haven't been abused'."
Mr Richter referred to a 2012 sentencing for the man on charges including heroin trafficking.
VLA barrister Peter Hanks QC, who opposed the defence request, noted the document was dated 2006.
Magistrate Belinda Wallington ruled against the defence because of legal prohibitions on the production of VLA material.
The dead man is not one of the multiple complainants in the case but there is a charge relating to him.
In relation to a different person, the court has previously heard a charge involving a complainant who has died is likely to be withdrawn.
Pell is the highest-ranking Catholic official to be charged with sexual abuse and denies all the allegations.
His lawyers want to be able to question some of the accusers about the timing of their complaints, with the court hearing there is overlap with disclosures made about alleged abuse by other people.
Pell's barrister Ruth Shann said the defence should be able to ask about disclosures made about Pell or the absence of disclosure.
"We do not seek leave to ask personal or distressing questions about the contents of those allegations, but it is about disclosures."
The issue will be considered further at another administrative update on Friday.
Pell was not in court on Tuesday.
He will be there on Monday for the start of a four-week committal hearing that will determine if he stands trial on multiple historical sexual offence charges.
The former Sydney and Melbourne archbishop and Ballarat priest has taken leave from his position as Vatican treasurer to fight the charges.
Australian Associated Press
