Two miscarriages of justice

The Malta Independent

In the space of just over a week, there have been two cases where the judiciary were forced into clearing people accused of crimes, supported by evidence and testimony, due to errors in the charge sheets drawn up against them.

This newspaper published a leading article last week, calling for changes to the law, whereby any errors in charges pressed against an accused may be changed at any time in proceedings. The leading article was published in the wake of an Appeals Court ruling which cleared Fr Godwin Scerri (since defrocked) of rape. The court had cleared him of raping a young boy in his care because of an error which stated that the crime took place in Marfa, rather than Santa Venera.

The Attorney General appealed the decision, but the law is the law and the court upheld the original decision. Let us be clear – the judiciary’s hands were tied, the law is what it is and there was no other ruling that could be given.

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