A religious order is insisting the compensation request by 10 clerical abuse victims is time-barred and that it cannot assume responsibility for the actions of two ex-priests jailed for sexually abusing boys about 20 years ago.
The Missionary Society of St Paul, of which Godwin Scerri, 77, and Charles Pulis, 68, were members, is also requesting the court to hear the compensation claim behind closed doors when the case starts today before Mr Justice Lino Farrugia Sacco.
The order said it could not accept liability for the personal actions of its members who were adults, adding it was not aware of what had been going on.
In August 2011, Mr Scerri and Mr Pulis were respectively sentenced to five and six years’ imprisonment for sexually abusing 11 boys in their care at St Joseph Home, in Santa Venera.
Mr Pulis was defrocked during the proceedings while Mr Scerri’s defrocking followed the court judgment, which was confirmed on appeal a month later.
Lawrence Grech, Joseph Magro, Leonard Camilleri, David Cassar, Noel Dimech, Angelo Spiteri, Raymond Azzopardi, Charles Falzon, Phillip Cauchi and Joseph Mangion are calling on the court to appoint an expert to establish what damages they had suffered.
The order is arguing that the case cannot be heard collectively as every alleged victim has a different story. It argues that if the court were to find it was in any way responsible for damages, the degree of responsibility would be much lower than for those who were found criminally guilty of such acts.
In addition, the order is insisting that if the alleged victims are suffering from any psychological trauma, this must be analysed to determine whether it happened as a result of the alleged abuse or was pre-existing.
The MSSP filed a separate application in court asking for the case to be heard behind closed doors in view of the sensitive information that may be revealed, which may go against public decency and morals.
Legal sources said such a request was not usually made before the First Hall of the Civil Court, but Magistrate Saviour Demicoli heard the criminal case behind closed doors and the order wants the civil suit to be treated in the same way.
In a separate reply to the compensation claim, filed in August, the Curia argued the Church could not be held collectively responsible for the priests’ actions.
The compensation requests were unfounded as the Church had not been negligent and always sought the best interests of those who were less fortunate, it said.
The Archdiocese, it added, was never accused, or convicted, of having committed the criminal act and it could not know in advance that some consecrated person or member was likely to commit a crime.
Lawyer Raymond Zammit filed the applications on behalf of the MSSP. Lawyer Patrick Valentino is appearing for the victims.