Church’s full transparency
Mgr Anton Gauci (The Sunday Times, October 21) disputes England’s Court of Appeal’s decision to uphold Mr Justice Alistair MacDuff’s judgment finding the diocese of Portsmouth vicariously responsible in a case of one of its priests being prosecuted for child sex abuse.
Sir Alistair MacDuff held that “[The priest] was provided with the premises, the pulpit and the clerical robes. He was directed into the community with that full authority and was given free rein to act as a representative of the Church. He had been trained and ordained for the purpose. He had immense power handed to him by the defendants [the trustees of the Roman Catholic diocesan trust]. It was they who appointed him to the position of trust, which (if the allegations be proved) he so abused”. Two of the three judges who heard the appeal upheld Mr Justice MacDuff’s judgement (one did not). Lord Justice Ward observed “It may be that the bishop had no ‘formal legal responsibility’ for Father Baldwin, but in my view his responsibility for, and control over, the parish priest whom he had appointed was real and substantial. I would attach importance to the fact that Father Baldwin had been appointed by his bishop as parish priest: that is not simply to be equated with his status as ordained priest”.
The Supreme Court in England (a higher court) will hear another appeal against a similar sentence soon.
Perhaps the appalling details of sexual abuse of minors described in http://en.wikipedia.org/wiki/Catholic_sex_abuse_cases are not all accurate but one has to conclude that the Church faces a huge problem which is largely of its own making.
Apologising to victims, the Archbishop of Perth stated “One of the reasons why our voice is not heard or respected when we seek to proclaim our beliefs is the shameful reality of sexual abuse by clergy, religious and other Church personnel”.
Another aspect of child abuse is co-responsibility, where superior(s) protect a cleric who has sexually molested a minor often by transferring him to another parish knowing he has offended and consequently that he may offend again. Few will argue that the court in Philadelphia in the US erred when sentencing Mgr William Lynn to three to six years imprisonment for protecting clerics who he knew had sexually molested children and who, because he protected them, went on to molest others.
Judge Sarmina did not mince his words: Mgr Lynn had “turned a blind eye while monsters in clerical garb sexually abused children and devastated the Church and community”. Bishop Hollis of Portsmouth when appealing against Mr Justice MacDuff’s judgment conceded that “The diocese accepts that where a bishop has, for example, failed to prevent a priest from committing an act of wrongdoing, he will be liable in negligence”.
The Archbishop of Perth addresses another crucially important issue: “What we really do need to see from the Church is full and open transparency, immediate reporting of any child abuse to civil authorities and prioritisation of the needs of victims. We need to see systemic change in the Catholic Church”.
The sexual abuse of minors is one of the most serious offences in the criminal code – and in God’s Law too. Christ said: “But he that shall scandalise one of these little ones that believe in me, it were better for him that a millstone should be hanged about his neck, and that he should be drowned in the depth of the sea.” (Matthew: 18.6, Douay Rheims version).
It is time surely for the State to remove any doubt as to where the Church’s legal, as well as moral obligations lie. Minors who have been sexually abused by clergy have the right to protection, justice, healing and compensation.
More and more Catholics are demanding sound strategies to rid the Church of this evil. Clarification of the law could serve as an opportunity to break with the damaging and murky past that has done it so much harm.
To wipe the slate clean, so to speak, there should be a commission into past allegations of clerical abuse.
Where these are proved, responsibilities can be apportioned and victims can be given justice for the wrongs done and, as appropriate, awarded compensation. Those found to be innocent, can be publicly exonerated and continue with their lives.
The process will be painful but I think it will have the support of all men and women of good will and hopefully the Church will be able consign the current unholy mess to history.
As part of this process the Church should review its practices, procedures and controls carefully and apply strict but fair tests and assessments of clergy before these are appointed to parishes, schools and youth groups. There should be ongoing monitoring programmes as an integral and visible part of the diocesan management plan.
These measures will serve to reduce the incidence of the sexual abuse of minors by clergy and the Church will be seen to be taking effective action whenever there is suspicion of a crime of this nature.
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Louise Vella
Nov 11th 2012, 14:01
Bishops knew priests were raping children and they said nothing. What the bishops did was morally reprehensible, corrupt and wicked. It was also obscene and unforgivable. It shows without doubt a revolting betrayal of trust by educated men of supposed high moral standing. They seem to have no moral compass and they don’t even notice when something they do is wrong and twisted.
Eric Soames
Nov 10th 2012, 14:22
Joe Zammit: Whoa! Way to take over a discussion, man.
Louise Vella
Nov 10th 2012, 08:00
Fact is the bishops knew children were being raped. They had the power to stop the abuse and instead of doing the human thing, they decided to move the child molesters to a different town and more children ended up being sexually abused. The Church has pursued a deliberate policy of cover-up, protecting sex offenders in order to avoid scandal, with no regard for the safety of children.
Kurt Waschnig
Nov 10th 2012, 13:55
Mrs Louise Vella, you state facts and I entirely agree. Only to imagine that bishops decided to move child molesters to different towns, though the bishops knew that these priests abused and raped children is hardly to believe. The cover up of clerical child abuse by the Church is a gruesome and heinous crime against children.
Wenzu Vella
Nov 10th 2012, 07:51
Children sexual abuse by the clergy of the Catholic Church in Australia is red hot in the news at the moment. Hundreds of cases under investigation by the police in different States have hit the code of silence because of protection by the oligarchy of the Church this was said by an ex-priest last night on ABC TV Lateline.
Gerry Cowie
Nov 9th 2012, 21:55
Kurt Waschnig speaks well of the incidence of abuse throughout society. He also speaks well of the importance of protecting children. I would go further than that and also add that such importance and protection should also be afforded to human embryos as per the proposed Embryo Protection Bill.
Charles Grixti
Nov 11th 2012, 04:33
We are not talking here of incidence of sexual abuse of children in society but within the Catholic Church in particular. A Church to which parents entrusted their children. A Church in which there was entrenched and systematic abuse. It is a bit rich to talk about embryos when innocent children have been abused and their lives ruined by the Church forever. What perverse values.
Kurt Waschnig
Nov 9th 2012, 21:15
“Judge Sarmina did not mince his words: Mgr Lynn had “turned a blind eye while monsters in clerical garb sexually abused children and devastated the Church and community”.
This happened in many countries. Perpetrators were protected and children suffered from abuse.
The Church is an undemocratic institution and a renewal and radical transformation will not take place.
Joe Zammit
Nov 9th 2012, 19:20
The alleged child sex crimes may have been committed before last January, so any change in the law does not count.
Our criminal law can never be changed retrospectively. In case of any change, the change applies ONLY to future crimes and offenders.
Having said that, the change does in no way affect past child sexual crimes.
Louise Vella
Nov 9th 2012, 17:48
Mandatory reporting of child abuse became law last January. See article 5 and sub-articles 1 and 2. Has Archbishop Cremona handed over the files of the 45 Maltese abusive priests to the Police Commissioner? Has the Police Commissioner insisted with the archbishop to hand over files of abusive priests held in the secret archives of the curia?
Joe Zammit
Nov 9th 2012, 19:55
When you quote our law, always give the name of the Code and its Chapter Number, article or articles with their subsections, in case.
Joe Zammit
Nov 9th 2012, 17:24
There may be victims who have reported to the archbishop but not to the police. They have a right to do that. They report to the archbishop only because they don't want to make things worse and be publicly involved in their case.
The bishops must be very careful, prudent and bear in mind what our law says. Bla, bla, bla should not impress them!
Mr Joseph Carmel Chetcuti
Nov 9th 2012, 21:57
Bishops and archbishops MUST obey the law. End of matter.
Joe Zammit
Nov 10th 2012, 03:27
Mr Chetcuti
Our law says that in such cases ONLY the victims can launch a complaint with the police, ... and if they want! No one can oblige them to report. So, it's useless for anyone else to inform the police.
Louise Vella
Nov 9th 2012, 16:57
Can Archbishop Cremona inform the public who are the sexually abusive priests who have been defrocked because of sexual abuse of minors and are now on the loose?
Joe Zammit
Nov 9th 2012, 17:40
The archbishop cannot publish any names. Such information would make him liable to libel.
Louise Vella
Nov 9th 2012, 16:57
On March 31, 2010 The Times reported: “According to a Curia spokesman, a total of 84 allegations of child abuse, involving 45 Maltese priests, were reported to the response team since 1999.”
http://www.timesofmalta.com/articles/view/20100331/local/child-abuse-claims-reported-against-45-priests-over-11-years.300663
Joe Zammit
Nov 9th 2012, 17:14
There are the victims in case. Only the victims can report. The Church is serious and does not take serious things as a joke.
Kurt Waschnig
Nov 9th 2012, 16:01
Child abuse happened and is happening in families, institutions all over the world. Child abuse is a gruesome and heinous crime that destroys the lives of innocent children. I am sure everyone will agree.
Child abuse must be curbed by stricter laws. Children are a gift and precious and societies must protect them.
I have only one wish to see children grow up in a safe environment.
Louise Vella
Nov 9th 2012, 15:56
In the interest of transparency, it is about time there was a police inquiry into the child sexual abuse within the Catholic Church in Malta and those found to have helped in covering up the sickening acts of paedophiles face the full force of the law. No one should keep these offences secret. It is way past time to let these persons and their superiors hide behind a cassock.
Joe Zammit
Nov 9th 2012, 16:28
There are no secret cases about child sex abuse by priests in Malta. Only myopic persons focusing on priests think these exist. The Catholic Church in Malta is praiseworthy for all the work She has done, also with regard to abuse cases.
Only ignorance of law suggests an appeal to the police. No action by the police is taken unless the victims and only the victims (parents) complain.
Mr Joseph Carmel Chetcuti
Nov 9th 2012, 21:59
Victoria and NSW have started their own and the Catholic Church is looking the poorer for that. There are now allegations of pack rape by priests and brothers and even deaths of children. There has even been a claim of young children being murderede.
Andy Farrugia
Nov 9th 2012, 14:54
With regards to Vella Bonavita's second paragraph, I was wondering what Sir Alistair MacDuff would have said regarding the "enormous" powers granted by government and municipal authorities, media giants and a host of high profile celebrities to Jimmy Savile. I bet no individual has been granted the access to children which the late "Fixer" had.
Gerry Cowie
Nov 9th 2012, 11:17
What we must avoid here is yet another witch hunt against the Church. There is a huge amount of abuse in secular society and in families which gets swept under the carpet. Indeed in the UK it is alarmingly evident that this has been the case on a grand scale.
I have no issue with those who wish to comment constructively and acknowledge that this horror goes far wider than the Catholic Church.
Charles Grixti
Nov 11th 2012, 04:41
But the average for the Church is much much higher then the average for secular society. Furthermore, the Church holds itself to be the absolute arbiter of moral virtue. It calls itself holy and representing God on earth. It claims for itself infinite goodness. Society differs to it and trusted its children to it. The Church broke this sacred trust.
Francis Sammut
Nov 9th 2012, 11:11
It is perpetuated by both. Mr. R. V. Bonavia was talking about the England's Court of Appeals decision contested by Mgr. A. Gauci. Also, the problems facing the Church everywhere because of the sex abuse scandals.
Joe Zammit
Nov 9th 2012, 10:52
People did not listen to Christ when he preached, rather they killed him.
Christ was no paedophile.
People do not listen because they want to live in sin not because of child sex abuse by an insignificant number of priests. That's only an excuse!
Joe Zammit
Nov 9th 2012, 10:33
We are in Malta and we are concerned with our law. It's useless referring to foreign judgments.
We have had many child sex abuse cases and no one has ever claimed or been given any compensation in such cases.
So, asking for compensation is just ignorance of law and of facts.
Joe Zammit
Nov 9th 2012, 10:28
Mgr Gauci was right in saying that the Church is not bound to give compensation. The Church was in no way responsible for any child sex abuse.
If at this time a teacher abuses of any child, who can accuse the Education Department for it? No reasonable person.
Joe Zammit
Nov 9th 2012, 10:23
No compensation!
Who can point out to me where in our law we find any compensation given for child sex abuse?
Nowhere! There are no legal grounds for compensation in such cases.
Joe Zammit
Nov 9th 2012, 10:03
What makes the writer think that child sexual abuse is perpetrated by priests? The great, great majority of child sex abuse has been done and is still being done by married people and singles who are not priests.
Mr Andrew Camilleri
Nov 9th 2012, 12:37
Your question and the sentence following do not add up. You surely cannot deny - before all the overwhleming evidence- that priests have been found guilty of child sexual abuse? They might not be the majority of the abusers, but abuse they have done many times. Do the catholic church a favour, and stop defending its terrible record on child sex abuse.
Eric Soames
Nov 9th 2012, 15:05
Maybe, although I prefer facts and figures backing up blanket statements, but the writer is discussing the cover up and refusal to acknowledge responsibility for those pedophiles who are ordained clergy. Wearing blinkers and the blind defense of the church merely because it is the church perpetuates the problem.
Joe Zammit
Nov 9th 2012, 15:57
Mr Camilleri,
Of over 400,000 Catholic priests only 0.4 % have been alleged to have committed child sex abuse.
Mind you, only alleged, not convicted!!
So the great, great majority of Catholic priests are faithful, loyal and trustworthy.
Would that all parents and all married persons imitate Catholic priests in their genuine live for children!!!
Joe Zammit
Nov 9th 2012, 16:08
Mr Soames
The Catholic Church does not hide paedophiles. It is written in black and white in her law that paedophiles, among other perpetrators, suffer sanctions by the Church.
But we must understand that the Church is not going to swallow all allegations. Lies about priests had abound in great numbers also.
Besides, in the past we almost never heard of such crimes.
Mr Joseph Carmel Chetcuti
Nov 9th 2012, 22:01
Joe, you are living in fairy land. I don't know where you get your statistics from. The Catholic Church? You say you never heard of such crimes in the past. You certainly are no scholar of church history. Such abuse has been rampant for centuries.
Louise Vella
Nov 9th 2012, 09:50
Paedophile priests were encouraged to continue in their criminal behaviour because they knew that they could get away with their crimes. Top church officials were more interested in the reputation of the church and that of the priests rather than stopping these criminals in their tracks and protecting children. They protected the abusers and not the abused and potential victims.
Joe Zammit
Nov 9th 2012, 11:04
What about the victims, their parents, their relatives and friends? If and when they knew, why didn't launch a complaint with the police?
Besides, who can deny the right of victims not to report? They have a right to forgive and no one can deny that right to them.
Besides, according to our law, only the victim (or their parents) can report such crimes for the police to take action.
Louise Vella
Nov 9th 2012, 09:49
There is worldwide disgust at a deception that had been perpetrated on the public for decades: hoodwinked by visible good deeds, so that we wouldn't see the darkness beneath. Even though bishops knew horrific criminal allegations had been made, they let them go without being probed by the police.
Joe Zammit
Nov 9th 2012, 10:07
The great majority of child sex abuse has been committed by married people and singles who are not priests. It's myopic to focus on priests with regard to this crime.
We have over 400,000 priests and of all these, only 0.4 % have been alleged to have committed this abuse.
No one is going to deceive us!!
Joe Zammit
Nov 9th 2012, 12:14
The great majority of child sex abuse has been committed by married people and singles who are not priests. It's myopic to focus on priests with regard to this crime.
We have over 400,000 priests and of all these, only 0.4 % have been alleged to have committed this abuse.
No one is going to deceive us!!
Louise Vella
Nov 9th 2012, 09:48
The Catholic Church claims to have procedures to properly investigate child sex crimes by its priests. It is a matter of reason that when an institution investigates itself, that probe cannot be fair and independent. Yet the church would seriously have us believe it is putting the victims' interests to the fore.
Joe Zammit
Nov 9th 2012, 10:11
The British newspaper Daily Telegraph wrote in March 2010 that thanks to this Pope, "There is no safer place for a child today to be than with a Catholic priest.”
Please choose the reason of your report below: