MALTA
The Malta Independent
We will start by saying that the judge in the appeal filed by the Attorney General in relation to the rape of a boy by a defrocked priest was absolutely correct in terms of law.
The case refers to Godwin Scerri, who was cleared by the Magistrates’ Court, and subsequently the appeals court, of raping a young boy who was in his care. The victim had testified that he was raped in Santa Venera, but the charge sheet issued by the prosecution referred to the location as being Mtarfa. In appealing, the Attorney General’s Office argued that the accused could still be found guilty, irrespective of where the act took place.
The judge, on the other hand, observed that the prosecution had plenty of time to rectify the mistake, and did not do so. As we said, this is completely correct in terms of law, but we also have to say that it is a grave miscarriage of justice. Godwin Scerri, 75, was sentenced to five years’ imprisonment for abusing this same and other boys in his care. But he has been cleared of what is the most serious charge of all – the rape of a young boy, in his care, and all down to some anomaly in our legal texts.
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