MALTA
Times of Malta
A case concerning sexual abuse at a church home run by the Missionary Society of St Paul is to proceed before a different judge, with plaintiffs winning a partial victory in court today.
After a long legal battle, the court of appeal presided by Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri pronounced that the civil case filed by the ten victims against the Attorney General, the MSSP, the Maltese Archdiocese as well as the two convicted priests, Godwin Scerri and Charles Pulis, should no longer be heard by Mr Justice Joseph R Micallef.
The issue stemmed from the victims’ claim regarding the possible partiality of Judge Micallef in view of his current role as President of the Radio Maria Association.
The plaintiffs had claimed that the judge’s close affiliation with the religious organisation could give rise to a bias which could in turn result in a possible breach of the plaintiffs’ right to a fair hearing as safeguarded under the Maltese Constitution as well as under the European Convention on Human Rights.
In the course of the civil proceedings for damages, the plaintiffs had raised this plea demanding the recusal of Mr Justice Micallef. The plea was however rejected by the judge himself who declared that he was bound by the laws of procedure to continue to preside over the case.
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