The Attorney General and the police are contesting a magistrate’s decision to grant bail to a priest charged with the sexual abuse of minors.

The police are also appealing the ban on the publication of the priest’s name and of court proceedings.

The priest, 38, appeared before Magistrate Paul Coppini on Tuesday when defence lawyer Carmelo Galea asked both for the case to be heard behind closed doors and for a ban on the publication of the particulars of the accused.

The magistrate upheld both requests, a decision that was heavily criticised by lawyers and the media. The dean of the University’s faculty of laws, Kevin Aquilina, said magistrates and judges were using their discretion in these circumstances loosely.

A blanket ban on all coverage tends to defeat the object of open justice

Times of Malta editor-in-chief Steve Mallia said in his blog that the magistrate could have placed a ban on the publication of the name of the accused rather than order proceedings to be held behind closed doors.

“A blanket ban on all coverage tends to defeat the object of open justice,” Mr Mallia said.

“Making court proceedings accessible to the public is not just a desirable notion; it is a fundamental principle contained within the European Convention of Human Rights and, as such, should not be dispensed with unless there is a very special reason for doing so,” he said.

Mr Justice Michael Mallia is on Thursday expected to decide on the appeal by the prosecution with regard to bail. The court may decide to uphold the magistrate’s decision or else revoke bail completely or lay down stricter conditions.

This was the first arraignment of a cleric since two former priests were imprisoned in November 2012 after they lost their appeal against abuse convictions.

Godwin Scerri and Charles Pulis, ex-members of the Missionary Society of St Paul, were sentenced to five and six year’s imprisonment respectively for sexually abusing boys in their care at a home in Santa Venera.