An appeals court this morning dismissed an appeal which was filed by the Attorney General after a defrocked priest was cleared of rape because of an error in the charge sheet about where the act took place.
The mistake had emerged during the proceedings against three priests. A victim testified he had been raped at the St Joseph Home in Ħamrun when the charge gave the location of the crime as having been a home in Marfa.
The former priest, Godwin Scerri, was convicted of abusing boys about 20 years ago and jailed for five years. He was, however, acquitted of the rape charge.
A second former priest, Carmel Pulis, received a six-year jail sentence for also abusing boys. A third member of the same Order, Brother Joseph Bonnett, who had been facing the same charges, passed away during the proceedings. The priests have filed an appeal.
The Attorney General appealed after Godwin Scerri was found not guilty of rape because of the mistake in the charge sheet.
But Mr Justice David Scicluna, presiding the appeals court this morning, said the mistake became clear early in the court proceedings and the prosecution had had time to correct it, but did not. The appeal on this point was therefore dismissed.
During the appeal proceedings, lawyers from the Attorney General’s Office argued that the place where the crime was committed was not essential for guilt to be established.
They said the first court believed that the crime took place and the only thing that was incorrect was the place as stated in the charge.
Defence lawyer Giannella de Marco fired back, armed with judgements dating back to 1943, in which judges, including Mr Justice David Scicluna stated that the prosecution had a time limit within which to amend any problems with the charge.
She said that once the prosecution had failed to observe the limit, their chance was up and the acquittal should stand.