Child abuse cases: Curia clarifies position

Dr Francis Saliba

Apr 14th 2010, 16:04

@Louise Vella

You have first hand experience that the police actually took an offending priest to court after you did your duty and reported the case. May I enquire why do you keep on insisting that "Sexual abuse of children is criminal and should be dealt with by the civil authorities" giving the wrong impression that this is not the case? You ask "Why does the government allow the Church to deal with these cases in-house?". The Church has the right to carry out its own internal investigations according to its own rules as long as it does not interfere with the citizen's additional right to take the case to the criminal court and seek redress there.

Louise Vella

Apr 13th 2010, 15:09

@Richard Curmi who has been asking if I reported the matter to the police.

I did my duty. I reported the matter to the police. As far as I know, this was the first ever priest to appear in the Maltese courts accused of sexual abuse of children. The case was heard in camera. I gave my testimony. The police never issued a press release about the case.

Sean Grima

Apr 13th 2010, 13:28

the church cannot sentence priest to prison. the investigation and prosecution of cime is the job of the police force. they can prosecute a priest in the same way as other abusers are.

Kevin Cassar

Apr 13th 2010, 12:30

@ D Micallef

I don't agree with your stance especially on point number 1. I don't think any human being should suffer the consequences for his parent's actions or beliefs, but then again I'm an atheist who supposedly has no morals. On second thoughts God had no problem in killing the firstborn of the egyptians including slaves and the firstborn of livestock (animals) for the sin of the pharoah (who God himself had admitted to have "hardened his heart" so that he would not let the jews go free). Nor does He have any problem with the original sin which we are told we inherit by birth.

@ Joe Zammit

And I suppose your view is not BIASED is it?????

ray sacco

Apr 13th 2010, 12:15

@ m.attard:
the letter signed by cardinal ratzinger is published in FULL all through the internet and there is not one word to indicate any punishment towards the paedophile priest. so for the sake of respect, which is a sign of maturity, please do not twist published factual proof! the priest was sent to six years in prison for abusing a girl in 1995. the published letter signed by ratzinger dates from 1982. this means that kiesle came in contact with children and abused them after his superior reported him to ratzinger, which in simple logicalal math means this pervert was left to prey on young victims for 13 years without any action taken against him!

Joe Zammit

Apr 13th 2010, 09:36

When we speak of the Church we cannot just have a biased view. The Catholic Church in Malta and abroad is holy and beneficial to all people. The fact that some priests have erred does not mean that now we can do away with the Catholic Church. Christ felt the need to set her up. Christ employed St Paul to bring us the good news of the Gospel. And to date we have remain faithful to the Church.

PAUL BUSUTTIL

Apr 13th 2010, 09:29

THESE PRIESTS SHOULD BE BROUGHT TO TRIAL BY THE POLICE AND NOT BY THE CURIA AND IF FOUND GUILTY SHOULD BE IN JAIL AND NOT ENJOYING LIFE UNDER THE PROTECTION OF THE CHURCH, AS THE SAYING GOES IN THE EYES OF GOD ALL MEN ARE BORN EQUAL.

D Micallef

Apr 13th 2010, 06:50

Here the curia is talking about registered allegations. If one is after numbers and statistics, one then has to also consider that a number on allegations are never reported for one reason or another. I find so much hypocritical bias in favor of the church that I have decided not to report my experiences for two reasons:
1-so that these same hypocrites continue supplying these wolves in shepherd’s clothing with their own children and grandchildren, (needless to say, I do not send my own kids to indoctrination classes/churches) and
2-as I need more time to consider the good of the Universal Church

Dr Francis Saliba

Apr 13th 2010, 06:46

@Paul Sammut

The appropriate question is not your “What's the use of carrying out an internal enquiry and reporting the the Holy See and not informing the Commissioner of Police to take appropriate action according to law ?” The appropriate question would be “If the aggrieved party, for its good reasons, chooses not to lodge a report with the police why should extraneous people interfere and demand that the Church authorities overrule those legitimate wishes and lodge a report?” Aggrieved persons have every right to expect that their wishes be respected – for example it may be advisable to avoid publicity that would be harmful to the child’s psychological development and to the family’s reputation. It is the family that has to make that difficult decision, not outside people whose only interest is to grasp every opportunity to harm the reputation of the whole Church because of the regretted lapses of any individual priest.

Joseph Carmel Chetcuti

Apr 13th 2010, 02:18

These comments raise some important issues. "No basis at all"? Are they saying those claiming to have been victims have lied or there was lack of evidence to substantiate their claims? Were any payments made by the dioceses to secure the silence of victims? It is beyond belief that all victims would not want to go to the police. If so, why is this the case? Is it because victims have no confidence in civil authorities? The ONLY appropriate body to deal with the investigation of abuses is the State NOT THE CHURCH. Legislation should be passed (a) creating an appropriate authority to investigate all claims however far back they go and irrespective of who investigated these claims and (b) empowering these civil authorities to seize all documents from anyone and anywhere in Malta and that includes the Curia and its Response Teams (as is the case in Australia and has already happened with regards to the Brothers of St Gerard). NO STATE IS IN A POSITION TO CLAIM THAT IT HAS THE BEST INTERESTS OF CHILDREN IN MIND AS LONG AS IT ALLOWS THE CHURCH TO CONTINUE WITH CARRYING OUT THESE INVESTIGATIONS.

Richard Curmi

Apr 13th 2010, 01:46

@ Louise Vella: This is the third time I am asking you a very simple question but my comments never made it to appear on the respective blogs, (I don't know why).

Here it is again: You had knowledge of a case of sexual abuse by a person of the church in fact you were called or volunteered as a witness. Why didn't you go to the police?

You gave your evidence behind closed doors thus helping those you accuse so often of omerta. If you really have well founded evidence go to the police and encourage the victim to press charges. Do not remain silent where it really matters at least in this case Remaining silent means that there is a paedophile still at large. Speak out before you urge others to do so.

William P Flynn

Apr 13th 2010, 01:29

The pope in the last few days has decreed that bishops MUST report child rapist priests to the civil police, Let's see what the Curia does in the next few days.

Wenzu Vella

Apr 12th 2010, 23:26

@ Jeo Zammit
What's Paul's shipwreck have to do with members of the clergy abusing children or any other member of society.
Paul did not say that members of the church can sexually abuse childrens and everything will be ok.
The Catholic Faith have absolutly nothing to do with sexual abuse of children. We are only talking about the bad apples within the church.

m attard

Apr 12th 2010, 22:25

@ray sacco,
showing respect is always a sign of maturity. CARD Ratzinger, in the letter that you mentioned regarding the Kieslie case and published in the press lately omits vital information, to which journalists needs to be held accountable. That priest was suspended from priesthood, with no contact with children and with supervision wherever he goes. The letter refers to how best to proceed not in virtue to not punishing Kieslie but with reference to the parish and the people with whom he worked, so as take due pastoral care of them. Kieslie was laicized from priesthood after two years in suspension and subsequently jailed.

Joe Zammit

Apr 12th 2010, 19:42

It has been God's providence that St Paul shipwrecked on these islands. It has been part of God's plan to send us St Paul here, on purpose to make the inhabitants of Malta and Gozo Catholic. We are Catholic and Catholic will remain, always by God's grace. The Bible speaks clearly of St Paul's shipwreck on these islands in Chapters 27 and 28. No one can deny this truth.

m attard

Apr 12th 2010, 19:23

Some arguments are being repeated. Lets summarize the key points in reply to the ones here. Even if the Church would go to the Commissioner of Police with all the evidence, nothing can happen unless the victims give their consent that they want to proceed. If the victim at any one point of the court case wants this case to cease it also has the power. There are currently three priests in court and the hearing is still going. It is not about being a priest but it is part of the system that Courts take long to hear the cases. The statement made to sign is that of an oath of truthfullness and a consent to use the information disclosed for canonical purposes. The punishment is no slap of hand - it is laicization, defrocking or constant supervision. It is not an overdue statement - but it is rather in time. No organisation, that includes the Church, needs to give account of its actions, unless the situation at hand requries it. Again, it is clear that the Diocese, has its policies in place, and is doing its part. The State and the faithful need to return the favour.

Charles J. Buttigieg

Apr 12th 2010, 19:10

@ Wilfred L Camilleri. We are sure that the church will prevail but why did you need to bring politics in this? Socialism and Liberalism has got absolutely nothing to do with it. Since you brought politics in let me remind you that it was a Socialist Government supported by the PN Opposition which amended the Constitution to rescind the special privileges that our Clergy enjoyed one of them being immunity from the law. Do you disagree with that amendment? @ Joe Zammit Firstly do not bring in St. Paul in this argument. Historical experts like Professor Wettinger insist that there exist no solid evidence that St. Paul ever set foot on our Land. St Paul’s shipwreck is alleged that happened in AD 60 while historical facts show that Malta was still pagan up to the year 300 AD. Whether St Paul or whoever made us Christians is beside the point, the accusations of paedophilia are very well founded, nobody wants the church to die, what we want is justice and a church cleansing itself from these criminal and sinful acts. No more any less.

Paul Sammut

Apr 12th 2010, 18:58

The latest apology made by the Malta Chruch falls short of what is expected by the Maltese in general. It is so easy to make any apology but fall short of seeing justice done. Unless the Church refers the cases to the Commissioner of Police, most of the honest general public are not convinced that it is a true apology. Although an internal enquiry is a 'praxy' in all institutiions, at the end of the day it's the Commissioner of Police who has to see that these criminal acts are dealt with according to law. Up to now, apology or no apology, the Church authorities are still covering up these incidents. What's the use of carrying out an internal enquiry and reporting the the Holy See and not informing the Commissioner of Police to take appropriate action according to law ? Crimes should be investigated by the police, -- there are nof ifs and buts. The more things are hushed up the worse for the church itself.

John Smith

Apr 12th 2010, 18:53

Let's not get carried away with the whitewash, eh? Nothing can be more dangerous. The Church is meant to be one body, contiguous with Christ's own and which was presented as a perfect sacrifice to God. Unfortunately the impression being given is something else. Jesus rose from the grave nearly 2,000 years ago.

Charles J. Buttigieg

Apr 12th 2010, 18:18

I would be sinful if we don’t condemn the attitude of a section of the clergy who, in order to consolidate their image, still insist on the code of silence. Moreover, it is felt that the Archbishop’s statement of some days ago in that, quote “As the law stands now, it would be useless for the Church to report sexual abuse cases to the police because prosecution can only commence if a report is filed by the victim or the parents of a minor.” unquote, undermines our intellect. Changing the law to allow a third party to report a crime instead of the victim would be useless unless the victims are encouraged to present their case in court. At any rate as the law stands today we are all legally bound to report a crime to which we are a witness to or are aware of, and the Curia is not above the law. When the church’s authorities become aware of these crimes, they mustn’t convene their own investigations, they ought to encourage the victims and possibly assist them to go to the police. Anything short of that is considered as an attempt to protect its own.

L Debono

Apr 12th 2010, 18:03

Yes the Church wants to be in control of their clergy men, but it has to be understood that investigations of this nature are the responsibility of the state and government bodies. If the Church wants to conduct their own investigations, that should be independent from anything else and should have no bearing on the state proceedings. Even those who try to withhold information to investigators about this matter should be charged as an accessory to this crime. The way I hear the process of Catholic Church, is like putting the cart in front of the horse. First they want to do their own findings (which are taking an eternity and with possible cover-ups). Then after they ban the offenders from continuing priesthood, “may” be releasing the names to the authorities. I don’t like that and I hope that the state will come forward and start defending the victims.

George S Darmanin

Apr 12th 2010, 17:58

If a thief breaks into my home and I recognise him / her what should I do? Report him to his mother or make report to the police? If I want criminal action will report to the police, however if I report to his mother, I should expect nothing else more from her except than some maternal corrective action. Criminal action can only be taken by the police. Any other comment is superfluous.

L Debono

Apr 12th 2010, 17:58

These issues are very damaging to the Roman Catholic Religion, in a big way. I hope that who ever is found responsible will pay dearly. As long as the Catholic Church keeps avoiding these VERY important issues and tries to cover scandals, there will be more erosion of trust and faith. Better to deal with the problem openly and honestly. One very serous question that I've always wanted to ask is, why reporting seems only to be done through the Church system and not through the local law enforcement agencies? Child abuse especially sexual is a CRIME!!! Where there any reports filed with the Police in the past? Have the Police started investigations yet? Have any of these alleged abusers been at least interviewed yet? Have social serves been involved and prohibiting contact with minors?

Wilfred L Camilleri

Apr 12th 2010, 17:49

Although there has been abuse by a minority of priests and although many of the contributors to this paper are hurling unfounded accusations at the Church and the Pope, the Church will prevail. Those predicting or hoping for the demise of the Church are delusional or believe everything that is fed to them by the socialist and liberal media abroad. They either believe in fairy tales or are misguided at best. God founded the Church and there is absolutely nothing us mere mortals can do to destroy it.

Joe Zammit

Apr 12th 2010, 17:06

The Catholic Church has always been persecuted but she will remain until the end of the world. In his infinite providence, God sent St Paul here, on our islands, to make us followers of Christ, to make us living members of the Catholic Church. 2000 years have passed and Catholic will Malta and Gozo remain by God's all-powerful grace.

The Church authorities in Malta are proving that they are pastors indeed!

Louise Vella

Apr 12th 2010, 17:05

Is it acceptable for any organization (Scouts, Girl Guides, football nurseries etc) to deal with cases of sexual abuse behind closed doors? Why does the government allow the Church to deal with these cases in-house? Sexual abuse of children is criminal and should be dealt with by the civil authorities.
Fact is children were used and abused as sex toys by Catholic clergy and they are allowed to get away with it. Every day, in Catholic dioceses all over the world, brings new evidence concerning cases of sexual misconduct by Catholic priests involving young children and a church hierarchy that helped to cover up. It’s a pattern devised by the Catholic Church hierarchy and repeated everywhere.
Files of abusive priests held in the secret archives of the Curia must be handed to the police commissioner at once. The law needs to be further amended to impose mandatory reporting to civil authorities by institutions, including the Church, of any person suspected of child abuse within the institution and to prosecute officials of organizations/institutions for covering up sexual abuse of children.

Evarist Saliba

Apr 12th 2010, 17:03

This is a very clear but long overdue statement .
However, in the same way that there are people who have eyes but are blind because they do not want to see, and others with ears but are deaf because they do not want to hear, there will be others who reading this statement will miss, or misinterpret, what does not agree with their pre-convinced ideas.

J.Pace

Apr 12th 2010, 16:57

Were these cases taken to court? Were the priests found guilty taken to jail as this should be their punishment, not getting a transfer? Why the church have to HIDE all this, why not publishing the names, so they will not do more harm.
It is not correct that because of a group of guilty priests (child abuse) then all the priests are wrong.
But a priest is a normal person and so a normal court followed by JAIL should be made.

Ian Fenech

Apr 12th 2010, 16:55

Mr Meli - Very interesting....From and after the date of this Proclamation, no person living or residing in Malta shall be exempt, by reason of his or her rank, station, or profession, whether civil or ecclesiastical, military or naval, or by or on account of any other privilege whatsoever, from suing or being sued in the lay courts - however they should probably add what is already obvious - unless you work for the Roman Catholic church

Ms Bezzina - made to sign a confidentially agreement -Also very interesting - probably that is why the church asks them to sign it so that people don't go to the police. Once its a police matter I don't think the church can stop the courts from taking action on the said priest/nun

Timmy Farrugia

Apr 12th 2010, 16:43

maybe it is in the article but i cannot find it? how many of these priests were tried in a criminal court instead of given a slap on the wrist by the church!!!???

EDWIN DE MARCO

Apr 12th 2010, 16:38

quoting from this article above/below."As has been declared since 1999, the faithful had a duty to co-operate with the Church to cleanse it of this wound, rather than try to hide it through silence, the Curia said." I can't fully agree with this as it seems that the Church is trying to put the blame on the faithful. Well, a number of the "faithful" are still very conservative & refrain from even mentioning the subject today & this because they have been brainwashed, IN THE PAST, that priests were untouchables; other "faithful" followers wouldn't dare mention anything in the past years as they wouldn't have been believed in the first place, apart from the difficulties they might have encountered, say like having their children boycotted from ever having the chance to attend a Church school. I remember the "Bondi+ programme where Mons. Michael Gonzi was interviewed on the subject. He said that he never had any reports of child-sex abuse concerning local clergymen. More likely, reports there were.....but (he) H.E. decided not to investigate for obvious reasons. Finally, Mgr. Paul Cremona & his chosen collaborators should be rightly applauded for the courageous stand they are taking on these child-sex scandals.

John Micallef

Apr 12th 2010, 16:29

Ok, ejja nghidu li din l-isqarija il-kontenut tagha huwa vera. Il- Mistoqsija li jmiss tohrog wehidha: Il- qassisn li nsatbu hatja x'azzjoni ittiehdet fil-konfron taghom?

Nispera li gew trasferiti x'imkien iehor, bhlma ma bl-istess logika jistaw intbghatu hawn qassin li nstabu hatja postijiet.

Jidher li ma hemmx komunikazjoni tajba bejn diversi partijiet involuti fit-tmexxija tal-knisja.

Parir: Il-Poplu tat-2010 huwa naqa aktar wise min tal-1950!! u biex tilghblu bil-hsiebijiet tieghu mhux facli

Joseph M. Meli

Apr 12th 2010, 16:24

Notwithstanding the Curia legalistic maze, the Citizens of the Republic of Malta are still protected by the VERY first Law of the Maltese Laws, Chapter 1 the so called "ECCLESIASTICAL COURTS (CONSTITUTION AND JURISDICTION) LAW" last amended in 1995 and is currently in force.

http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt1.pdf

So victims CAN still act !!

Ian Pace

Apr 12th 2010, 16:19

Whilst appreciating the Curia's clarification, I think that the last sentence says it all. If the faithful have the duty to cooperate why did the Pope cover some of the abuses in the past? Oh, maybe it happened before 1999? Enlighten us please.

John Smith

Apr 12th 2010, 16:12

Why does the Church in Rome not follow the Byzantine practice of allowing children and infants to participate in the Eucharistic celebration — the proclamation of proclamations, that Christ is Truly Risen?

The excuse that young children younger than six or seven might not, or will not understand the spiritual truths conveyed to them by the living Christ do hold water. They are certainly able to understand the untruths contained in the teaching that Catholicism is the only true path to salvation.

The root of schism in the Church is not Nicene semantics — but rather it is the systemic distortion of truth and history.

Alison Bezzina

Apr 12th 2010, 16:08

So why is it that victims have been made to sign a confidentially agreement about their testimony?
And why is it that arter seven long years since four priests admitted to their sexual crimes in black on white, nothing has come out of it ?

Is it because the faithful are not cooperating with the authorities?

http://www.timesofmalta.com/blogs/view/20100409/alison-bezzina/what-a-papal-joke