8-8-2011

Justice Minister Carm Mifsud Bonnici has refused to comment on the fact that one of the priests found guilty of child abuse was freed of a rape charge due to a failing of the prosecution, led by the Attorney General.

The charge sheet said the rape took place in Marfa, not Sta Venera, as the victim had testified.

However, criminal lawyers, including government MP Franco Debono, told The Times last week that this could have been corrected right up to the point when the prosecution closed its case.

But during the eight-year-long case, when the AG’s office was presided over by the now Chief Justice Silvio Camilleri and later the current AG Peter Grech, no effort appears to have been made to make the necessary amendment.

Therefore, Magistrate Saviour Demicoli had no option but to free Fr Francesco Scerri, 75, also known as Godwin, of this charge.

Fr Scerri was jailed for five years on other related charges involving sexual abuse of young boys in his care. When asked for an explanation, the AG’s office said that criminal proceedings were still “sub-judice” so any comments would be inappropriate.

However, the appeal will not be dealing with the rape charge since the proceedings have been initiated by the defence.

It is not yet known whether the AG will appeal, in which case there is the possibility that this matter will be re-opened.

Meanwhile, Dr Mifsud Bonnici has not yet reacted.

Questions sent by The Times yesterday remained unanswered.

The Times asked whether the minister considers this to be a serious failing and, if so, whether he still has faith in his current Chief Justice and Attorney General, who were ultimately responsible for the mistake.

The Times also asked what Dr Mifsud Bonnici made of the claim made by the AG’s office that this case was still sub-judice.

These arguments were yesterday challenged by Labour leader Joseph Muscat and Nationalist MP Jeffrey Pullicino Orlando.

Dr Muscat, speaking on One Radio, called the case a “fiasco” and said he was shocked that the authorities had not yet reacted to the arguments made by criminal lawyers that the charge sheet could have been amended.

Dr Pullicino Orlando, speaking on Radio 101, criticised the AG’s office for not giving an explanation for its failings.

He also discredited the claim that this case was still sub-judice.

The Sunday Times spoke to the rape victim, who prefers to remain unnamed.

He said: “I forgive the priests for what they did because I understand they are human beings who make mistakes, but they have to pay for what they did.

They’re cancelled from my life forever and it’s now time to turn over a new page.”

Fr Scerri, who has not yet been defrocked by the Vatican, is facing similar sexual abuse charges in Canada.

Last week, another priest from the St Joseph’s Home in Sta Venera was sentenced to six years prison on similar charges.

Charles Pulis has already been defrocked by the Vatican.