Court: Priestly Abuse - AG Loses Appeal on Rape Ruling

Malta Independent
April 19, 2012

http://www.independent.com.mt/news.asp?newsitemid=143006

An appeal by the attorney general on the acquittal of a priest raping a boy, was rejected yesterday in the court of criminal appeal – Mr Justice David Scicluna confirmed the decision by Magistrate Saviour Demicoli clearing Godwin Scerri, who has since been defrocked.

The lower court had found that from the evidence produced, one of the charges against Scerri, that of violent rape, had not been committed in Marfa, as the charge sheet said, but at St Joseph Institute, so Scerri could not be found guilty of this charge.

The attorney general disagreed with the decision and said that in spite of everything, the rape had been committed, and the victim was aware of it, as was Scerri himself, who had defended himself against the charge. Once the rape had been committed, Scerri should be found guilty, the attorney general argued.

The court of criminal appeal agreed with the magistrate’s court decision, saying that the prosecution had had enough time to correct the charge, which should be factual in time, fact and locality.

Defence counsel Giannella Demarco argued that the law was clear that the place where a crime is committed is very important and is part of the charge that needs to be proved.

Scerri has been sentenced to five years in jail after being found guilty of corrupting two boys. This too has been appealed by the defence, which is arguing Fr Scerri should never have been found guilty, and even if guilty, the sentence in his regard is too much in the circumstances.

The appeal by the defence is to be heard on 15 June.