Pl Blames a Lack of Staff for Rape Charge Mistake

Times of Malta
April 20, 2012

http://www.timesofmalta.com/articles/view/20120420/local/PL-blames-a-lack-of-staff-for-rape-charge-mistake.416290

Labour MPs Jose Herrera (left) and Michael Falzon. Photo: Chris Sant Fournier

Labour yesterday called for political responsibility to be carried for an mistake that led to a defrocked priest being cleared of raping a boy due to a mistake in the charges.

The mistake, which came to light at the end of the case in question, was made by the office of the Attorney General.

However, the party’s justice spokesman Jose Herrera avoided of blaming anyone in the office itself, saying that the Attorney General was left under-resourced by the Justice Ministry and did not have an adequate staff complement.

The Justice Ministry retaliated with a statement pointing out that, according to the Constitution, the AG was independent of government. No minister had the authority to interfere with the way the office operated.

This latest controversy comes after a court on Wednesday threw out an appeal by the Attorney General against the acquittal of defrocked priest Godwin Scerri, 75, over the charge of raping a boy.

The victim testified that it happened in Sta Venera in 1992 when the charge sheet said it had taken place in Marfa.

Mr Scerri was convicted of abusing boys about 20 years ago and was sentenced to five years in jail.

During the appeal the AG argued that the place where the crime was committed was not essential for guilt to be established. But the judge said that the prosecution had time to correct the mistake, which it did not do.

Yesterday, Dr Herrera pointed out that at the time when the case was being heard, former Justice Minister Carmelo Mifsud Bonnici was aware that several lawyers had left the AG’s office.

Some lawyers had since been recruited but the office still needed an injection of resources, he stressed. The AG had to handle all cases before the Magistrates’ Courts, represent government in all civil cases filed against the State, and help draft laws.

Dr Michael Falzon, Opposition spokesman on home affairs, said these situations were highlighted in the Opposition’s parliamentary motion on the justice sector.

But the government had not brought this motion for debate, with Dr Mifsud Bonnici blocking the motion in his gate-keeper role as Leader of the House, he said.