Updated at 5pm with Curia statement

A Gozitan priest who committed violent indecent assault against a child has received a suspended sentence.

The priest was condemned to a jail term of one year suspended for three years after facing sexual offence accusations related to three underage girls.

Jesmond Gauci, 44, from Xagħra, was charged with having committed lewd acts against his victims and having violently and indecently assaulted the girls. He was also accused of harassing the youngsters through allegedly offensive mobile and Facebook messages.

READ: Priest bailed for a second time

The whole affair had come to light when the Gozo Bishop filed a police report over the sexual abuse of a minor by a priest from the diocese.

Police investigations led to the arraignment of the priest, who at the time of the alleged wrongdoing in 2014 were still minors.

In proceedings characterised by numerous testimonies, including those of the three girls, their relatives and the accused himself, the image emerged of a young and energetic man with a "bubbly" personality who appeared to be very friendly with women. One of the girls had in fact observed that the priest had the mannerisms of a "boyfriend."

One of the alleged victims, a 13-year old at the time, recalled how her first unpleasant experience with the accused had taken place on board her parents’ boat. He had allegedly fondled her breasts and touched her private parts as she lay inside the cabin, in her swimsuit and with her headphones on.

The second incident allegedly occurred during a family BBQ where the accused was present as a guest. At one point, he had sidled up to the girl, hugged her and touched her breast. As she pushed him away, her mother, already put on her guard by her daughter, had noticed the unwarranted gesture.

In fact, it had been the girl's grandmother who had confided in the Bishop, who in turn reported the allegation to the church response team. When this church body did not find any wrongdoing, the priest had been restored to his ministry.

The second victim had explained that while attending private lessons given by the accused's brother, the priest had playfully tugged at her hair. On other occasions he had allegedly sent her messages on her mobile phone and via Facebook, asking “How are you sweet?” and other such remarks in similar vein. It was alleged that the priest had even tried to kiss her during confession.

The third victim had recalled how the priest had pulled her towards him, fondling her while uttering the words "cosy, cosy."

The court in Gozo, presided over by Magistrate Neville Camilleri, observed that the case presented conflicting versions of the alleged wrongdoing. It was noted that the accused was "a very intelligent" person with a very friendly and bubbly personality.

The accused had been ordained as priest in June 2001 and had spent his first three years of priesthood in Italy. After furthering his studies in theology and psychotherapy, he engaged in pastoral activities among youths.

The man himself had testified that he loved to mingle with people, and considered such terms of endearment as "sweetie pie" and "honey bunch" as normal language among friends.

After analysing the evidence, the court declared the accused guilty of violent indecent assault in respect of one of the victims, pointing out that the acts had been done against the will of the 13-year old victim and thus could be classified as violent. The other charges had however not been sufficiently proved.

In determining the punishment, the court considered the clean criminal record of the accused as well as his positive pastoral and educational services. On the other hand, the court could not ignore the nature of the offence, the age of the victim, the manner of perpetration of the acts and the fact that the wrongdoer was a priest.

The court condemned the priest to a jail term of one year suspended for three years, pointing out that a suspended sentence was "not a let off" or a "slap on the wrist." The accused had to tread very carefully because one wrong step could land him behind bars.

The court also imposed a Protection Order of three years in respect of one of the victims.

Lawyer Joseph Giglio was defence counsel.

Curia statement

In a statement, the Curia said that when the case was moved to the Church's Response Team in August 2014, the priest was suspended from the priesthood and the suspension was still in force.

It encouraged the public to contact the police or support line 179 regarding any allegation of abuse. The Church has since set up a Safeguarding Commission which can be contacted on info@safeguarding.org.mt .

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