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Updated: Charge sheet error frees priest of rape conviction

Two priests appeal imprisonment

A mistake in the charges led one of two priests who were yesterday found guilty of sexual abuse to be acquitted of rape even though the magistrate said the crime did actually take place.

Fr Francesco Scerri, known as Godwin, raped a boy at St Joseph’s Home in Ħamrun and not in Marfa, as indicated in the charges, Magistrate Saviour Demicoli noted.

The error emerged when the victim testified and declared the incident had occurred in Ħamrun and not Marfa. Thus, Fr Scerri had to be acquitted of the rape charge but was found guilty of sexually abusing two boys.

The second priest, Fr Carmelo Pulis, was found guilty of sexually abusing eight boys at the same Ħamrun home and one in Marfa with the magistrate describing the abuse as disgusting.

Fr Pulis was jailed for six years and Fr Scerri was jailed for five years. They will be appealing. A third member of the Order, Br Joseph Bonnett, who had been facing the same charges, passed away last January, aged 63.

The victims, who were then aged between 13 and 16, were resident at the homes in the late 1980s, when the abuse took place.

In a courtroom packed with victims, reporters and about 10 police officers, the magistrate took about two hours reading out the most salient parts of the judgment including disturbing details.

The rape victim, whom the magistrate described as credible, had testified that he had gone to the priest’s room as the priest wanted to speak to him. The priest immediately began touching him and the victim said he told him to stop. Eventually, the priest forced him onto the bed and raped him.

The victim testified that, shortly afterwards, the priest had given him a stereo, which he had brought with him from the United States, and told him to keep his mouth shut about what had happened.

The incident was corroborated by another boy who had seen the victim go into the room with the priest and even though the witness said he had knocked and banged on the door of the room for the priest to open up, both the victim and his aggressor remained silent save for some whispering.

The court referred to another incident involving Fr Pulis in which an independent witness corroborated the account given. One of the victims went to Fr Pulis’s room and while the priest was lying on the bed the boy was told to climb on top of him. Moments later, a care worker, who also testified, walked down the corridor and slightly opened the door, spotting the priest push the boy off him and say: “What a pest you are”.

Priests granted bail pending appeal

The witness testified that he could notice that the priest was sexually excited but the priest acted as nothing was untoward and continued speaking to the care worker, who then immediately reported the case to his superior. The superior told him to draw up a report about the incident, which he did straightaway.

In their evidence, both priests categorically denied ever having touched, sexually abused or maltreated any of the children in their care. The magistrate referred to testimony given by Fr Pulis in which he said that, although he showed compassion to gay men, which he learnt from the Church, he also despised them. In fact, when the gay son of a care worker came to help out at the home in Ħamrun, he warned the children to be careful of the man precisely because he was gay.

The magistrate said that, following a request by defence lawyers Giannella Caruana Curran and Joseph Giglio, he decided not to take the priests’ police statements into consideration because it could amount to a breach of human rights since they had no access to a lawyer before it was taken in 2003.

Following the judgment, the priests were granted bail against a personal guarantee of €5,000 pending their appeal.

Lawyer Patrick Valentino appeared for the victims.

The road to judgment day

September 2003

Lawrence Grech, 31, recounts the sexual abuse he had suffered as a child resident at St Joseph Home in Ħamrun.

October 2003

Police investigations, headed by Assistant Commissioner Michael Cassar, lead to three priests being charged in court with sex abuse of minors in their care. The court bans the publication of the priests’ names. The case is heard behind closed doors. At the same time, the Church’s Response Team initiates its investigation.

April 2010

Ahead of Pope Benedict XVI’s Malta visit, Mr Grech and other alleged victims of sex abuse publicly ask the head of the Catholic Church to apologise for the suffering they endured as children. Subsequently, they hold a private meeting with Archbishop Paul Cremona and Gozo Bishop Mario Grech.

Under the gaze of the world’s media, the victims are also granted a private audience with the Pope in Malta. The Vatican promised it would look into their case following criticism of the Response Team, which had not yet concluded its investigation seven years on.

June 2010

In an interview with The Sunday Times, Archbishop Paul Cremona apologises for the delay in the Church investigation. The Vatican’s Promoter of Justice in the Congregation for the Doctrine of the Faith, Mgr Charles Scicluna, holds meetings in Malta with some of the alleged victims. He collects their testimony and passes on the details to the Response Team.

August 2010

Questioned by The Times, Mgr Scicluna says it is up to the Maltese Church to conclude its investigations into the sex abuse allegations.

October 2010

The alleged victims receive a letter from regional superior of the Missionary Society of St Paul, Fr Louis Mallia, informing them that their cases were “founded” and the matter is being referred to the Vatican.

January 2011

In court, the priests file a constitutional application claiming their right to a fair trial has been prejudiced because of the media coverage afforded to the case. They ask the Constitutional Court to enforce the ban originally decreed by the Criminal Court and ask for it to be extended also to the constitutional case.

March 2011

Defence lawyers Giannella Caruana Curran and Joseph Giglio request that the priests’ police statements are removed from the court proceedings because, once they had no access to a lawyer when the statements were taken in 2003, it was tantamount to a breach of human rights.

May 2011

A member of the Church tribunal, Fr Brendan Gatt, hearing the case against the priests met the victims to formalise evidence they gave to the Vatican’s chief sex abuse prosecutor the previous summer.

August 2011

Fr Francesco Scerri, also known as Godwin, is jailed for five years and Fr Carmelo Pulis is jailed for six years after being found guilty of the sexual abuse of 11 boys aged between 13 and 16 about 20 years ago.

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Christian Cauchi

Aug 4th 2011, 15:58

Mr M farrugia i think that you dont have any children to speak like this i dont care if they are priests if they are ministers if they are polticians whatever they are they made a crime and they must severly pay for their mistakes , they are citizens like all of us here and the law is the same for everyone so please dont start again with this church things let us nat fall in the early 70's again .

L Falzon

Aug 4th 2011, 16:21

Int biss serjeta?? .... nahseb ahjar nitolbu ghalhiek!!
...... what you are claiming is as though the victims are now partying ..... didn't you notice that their jubilation was only a relief?? ...... Relief with tears in their eyes!! .... after waiting and suffering for so many years!!

Christian Cauchi

Aug 5th 2011, 15:12

le ta qatt ma ktibt din l ewwel darba li qed nikteb f dan il blog ghax ma niflahx aktar il faccolizmu sfaccat tal knisja u tal kleru kollu meta kien hawn l issue tad divorzju kienet l ewwel wahda li harget all out kontra id divorzju u pruvat tbezza bil babaw li titlef ruhek jekk tivvota iva le il knisja m gahdiex kredibbli u mhux ver li il knisja u il membri tal kleru jirraprezentaw lil sidna gesu kristu nghida b wicci min quddiem li il knisja kienet ghada u tibqa marmalja li tahbi dak li jaqbel lilha u tikxef dak li jaqbel lila ila min zmien l inkwizzizjoni meta persuna ma taqbilx maha tghajjru sahhar jew toqtlu u hawn malta f lahhar in nies qed jitilfu il fiducja fil knisja . ha naraw issa jekk ituwhomx l istess trattament li jghatu lil haddiehor li tnqghatalu sentenza fuq pedofolija ha naraw issa jekk jitfawhomx il habs ma prigunieri ohra , jien wiehed milli ilni naqla fuq wicci minghand il knisja ghax inhobb mara separata u qieghed nghix maha ghal dawn l ahhar hames snin daqsekk ila ittini bis sieq il knisja mela nghalqu halqna issa u nghixu f dinja rejali mhux f dinja li il knisja tbezzana bid dnub il mejjet u bit telf tar ruh . u jekk qieghed nigdeb jew nivvinta jew naqla malafama fuq xi hadd tibza ifthuli libell grazzi

Noel Dimech

Aug 6th 2011, 12:15

Imisshom ma jifirhux telghin u nizlien il qorti , u lpoplu Malti ma jemminhomx imsieken sakem harget il verita.Taf meta tinghafas qalbi Sur Farrugia jien , meta dawn listess patrijiet jghamlu li ghamlu lilek jew lit tfal tieghek jekk veru tixtieq gid lill knisja titlob l Alla li nies bhal dawn ma jibqawx jinqdew bih biex jilhqu lghanijiet hziena taghhom, haga ohra li kieku dan il qasis ma nqabadx min jaf kemm abbuza min tfal izjed u nassigurak li hemm bosta ohrajn li ma tkellmux. Tahsibhomx xi qadisin lill dawn il qassisin tghix tahthom trid tkun ha tkun taf jidhirx bdak il wicc ta miskien is sur Pulis. U bilhaqq is sur godwin scerri kien ga kellhom hjiel limiss xi tfal il canada, kif mela thalla wahdu mat tfal mis socjeta missjunarja ta San Pawl, listess socjeta li ddefendithom il qorti blaqwa avukati .Kemm nies hemm ilhabs li wehlu fuq cucati. ghax mghandux ikun hemm post ghall dawn il hniezer.

Mr M Farrugia

Aug 4th 2011, 19:17

tghidu x'tghid jiena xorta wahda nibqa insostni li ma ghandhomx ghalfejn isiru dawn ix-xeni fil-gazetti. Jiena ghid li saret gustuzja huwa sewwa li ma naqbilx li jsiru dwn ix-xeni. Intkom li taqblu ma dawn ix-xeni mhux vera insara prattikanti. In-nisrani li johrog sodisfatt li saret gustizja ma ghandux ghalfejn joqghod jixxadina. Min jaqbel ma dawmn l-affarijiet fl-opinjoni tieghi ghandu agenda mohbija u xejn aktar. Iva insostni li ghandha nitolbu ghal dawn it-tnejn min nies. Min qal li ahjar titolbu ghalija nghidilkom grazzi ghax jiena nidneb bhal hadd iehor. Min ma ghandux ebda dnub jitfa l-ewwel gebla hbieb.

Mr M Farrugia

Aug 4th 2011, 19:21

@Christian Cauchi. Habib jiena ghandi tfal u naf x'wiehed ihoss meta ikollu problemi bhal dawn. Jiena f'ebda hin ma iddefendejt l-ghemil ta dawn is-sacerdoti imma ikkritikajt ix-xeni zejda. Nixtieq nistaqsik jekk inti personalment ktibtx fuq dan il-blog meta gew rappurtati kazi fejn il-missier abbuza min bintu, il-missier abbuza min ibnu, iz-ziju abbuza min neputi. Jekk iva jghid meta ktibt halli infittex jekk le ghidli ghax illum qed tikteb u dak in-nhar le Habib.

Victor Boyde

Aug 3rd 2011, 17:41

There was no mention as to the human rights for the victims. There was no mention about how many other children were raped and abused throughout the time these were in-charge. There was never any statement issued by the church to show their revultion for what these men did. And their is no mention as to the human damage these two criminals have EACH contributed when they destroyed the children mentally and physically. And they are claiming their HUMAN RIGHTS?

Jason Falzon

Aug 3rd 2011, 13:00

It doesn't make a difference on whether it occured or not, but the error amounts to what I think is a technical error that in law courts amounts to the case being invalidated.

It's a bit like when someone is caught driving wrong way and receives a citation to appear in court on the incident, but on the citation his first name is written wrongly or a totally different first name is given. Doesn't matter is the surname, car regisration and all other details are correct, as well as he/she really drove wrong way. The case still falls.

Unfortunate and unnerving but sadly true.

Joe Fenech

Aug 4th 2011, 00:14

If the case is invalidate that will be another "only in Malta". Proper courts would never stoop that low!

Steve Mifsud

Aug 3rd 2011, 11:02

I smell a rat....unfortunately

Judy Jones

Aug 3rd 2011, 18:40

These very brave and determined victims are amazing.. and they have gotten a tiny bit of justice. This is a start for all victims of clergy sex abuse in Malta...

Keep speaking up, your truth will finally be heard, and victims will be listened to, and only when the full truth within the church system of lies and cover up are exposed, then kids will be safe.

Judy Jones, SNAP USE

Mr Kevin Cassar

Aug 3rd 2011, 11:19

I agree that the real punishment of these two men is still to come, but if it ever will, it will be in this world and life. If an afterlife exists, and is as claimed by the Catholic church, then these men will not suffer any consequence after they die. According to Christianity, we are all born deserving eternal torture in Hell, and only believing that Jesus is God, can spare us this "justice". If Christianity were true, these child abusers would go to heaven, because Jesus died for their sins and paid their penalty. This would be anything but justice regardless of whether if it is real or immaginary.

Mr Graham Holme

Aug 3rd 2011, 12:20

As stated,forgiveness is in the hands of God
Sure lots of us would only be too happy to arrange"The Meeting"

S. Camilleri

Aug 3rd 2011, 12:32

@Kevin Cassar.. BTW.. believing in Jesus Christ is not a guaranteed ticket to heaven ... and the opposite is also true; so do not worry there!

Patrick Mulholland

Aug 3rd 2011, 13:36

@ Kevin Cassar
What you're saying is not correct. Do not comment on subjects you apparently do not have a clue about , just for the sake of bashing Christianity.

Mr Kevin Cassar

Aug 3rd 2011, 14:40

@ Patrick Mullholland

My comment is correct according to the Bible and the Christian religion. Do not reply on subjects you apparently do not have a clue about , just for the sake of bashing a rational comment.

Joseph Grech Attard

Aug 3rd 2011, 10:49

Do not worry. They shall probably be acquitted or their sentence reduced after they appeal!! Quo Vadis Catholicism?

Roderick Borg

Aug 3rd 2011, 11:16

Jekk Toqtol Ghasfur Tehel Izjed!

Charles J. Buttigieg

Aug 3rd 2011, 09:55

Attent David. Being Gay is just a natural sexual orientation. Being a pedophile is something totally different. The majority of pedophiles are heterosexuals deprived of sex or regular heterosexuals with a sick extra sex urge to bugger young children,boys and girls.

Kenneth Grima

Aug 3rd 2011, 10:09

being gay doesn't mean paedophile he is the monster not that gay man.

Charles Podesta

Aug 3rd 2011, 10:49

What a shame, a priest from an institute who should be preaching acceptance warning children AGAINST gay people? ... When he was accused of raping children - boys ie: he is gay himself. It is much worse being a pedofile than being gay!
Covering up these stories for centuries is no excuse for the church, but ultimately the priests are human and are fault to do good or evil. Having said that given that they are going to suffer the consequences for their actions (even though I personally feel for too short a sentence) at the very least shows us that the church is complying to reform which should also brought to light rather than convicting the whole church.

Patrick Mulholland

Aug 3rd 2011, 13:38

@ Charles J. Buttigieg
"Being Gay is just a natural sexual orientation" - can you or anyone give us proof of this?

Mr Darby Allen

Aug 3rd 2011, 10:11

This is incredibly stupid, isn't it? The rape took place, regardless of where it happened, and this scum is going to get away with it.
Why cannot the charge sheet be amended, and the charge reinstated?

C Muscat

Aug 3rd 2011, 11:17

I do not know about this case, but such error might mean there was nothing in the real terms; when such an error occur it is probably false; that is why the law in such cases says 'not guilty'.

James Aquilina

Aug 3rd 2011, 09:40

Let's face it, a week in jail and they will be taken out in stretchers, an I applaud that!!!!!!!

Looks like it's up to the inmates to do justice this time, and I kinda trust them on this......

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