Woman Seeks Dismissal of Former Priest's Counter-claim

By Haidee V. Eugenio
Pacific Daily News
March 15, 2018

https://www.guampdn.com/story/news/2018/03/16/woman-seeks-dismissal-former-priests-counter-claim/430703002/

Dulce Nombre de Maria Cathedral-Basilica in Hagatna

A woman from Saipan has asked the court to dismiss a recent counter-claim filed by a former Guam priest who denied allegations that he sexually abused her when she was about 12 years old, around 1963.

Former priest Andrew San Agustin, now known as Joe R. San Agustin, told the court he's been harmed by the accusations against him and asked the federal court to award damages for pain and suffering.

A woman identified in court documents only as B.T. to protect her privacy, on March 14 filed a motion to dismiss San Agustin's counter-claim.

Claim fails to state element of libel

B.T. said in her filing that her complaint for child sexual abuse against the former priest is protected activity under the Guam's Citizen Participation in Government Act. It's a law that discourages defendants from intimidating or threatening their accusers using financial liability or litigation costs, among other things.

Alternatively, B.T. seeks dismissal of San Agustin's counter-claim for failure to state a claim upon which relief can be granted, under Federal Rule of Civil Procedure.

B.T., represented by attorney Delia Lujan Wolff, said her written accusation of child sexual abuse against San Agustin is a privileged publication under Guam law because it is a publication made to the court in a judicial action.

"As plaintiff's complaint is protected by the litigation privilege, defendant's claim fails to state a required element of libel, that plaintiff's publication be unprivileged. Consequently, defendant's counterclaim fails to state a claim for libel and must be dismissed," B.T. stated in her filing.

B.T. seeks award for costs of litigation

B.T. is also seeking award for costs of litigation, including reasonable attorney fees, incurred in connection with her motion to dismiss and additional sanctions as the court deems necessary.

B.T., a former Catholic school student on Saipan, sued San Agustin in April 2017, accusing him of sexually abusing her while she was a child. Her $5 million lawsuit states that San Agustin invited her and her sister to visit Guam, and that's where the priest allegedly sexually abused her.

San Agustin, who voluntarily left the priesthood, said in his response that "as a direct result of plaintiff's false accusation," he suffered embarrassment, shame, smearing of his character, distrust among his friends, relatives and colleagues, as well as tremendous pain and suffering to his wife and family. The former priest represents himself in the case.

Guam has nearly 160 clergy sex abuse lawsuits filed in local and federal court since 2016.