The Times of Malta
Wednesday, April 18, 2012, 10:20
Godwin Scerri
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.
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Updated | Appeals Court throws out AG’s appeal to find defrocked priest guilty of rape
Criminal appeals court throws out request by the Attorney General to have defrocked priest Godwin Scerri be found guilty of rape.
maltatoday
18 April 2012
The court of criminal appeal has this morning thrown out a request by the Attorney General to have Godwin Scerri – jailed for five years for abusing boys – be also found guilty of rape, after it a technical error was discovered in the original charge sheet which showed a crime happening in a place when in actual fact it had happened in another.
The court upheld the objections raised by defence counsel Giannella de Marco who argued through case law, that the prosecution had “ample time” to correct its own mistake on the charge sheet, but did not.
Explaining his decision not to uphold the prosecution’s request, Judge David Scicluna, said the mistake was evident early in the court proceedings and argued that the prosecution had enough time to correct it, but had failed to do so.
The court accepted a request to have four doctors to testify as witnesses to the character of Lawrence Grech, one of the men who was abused by the priests as a child.
The new witnesses were three doctors for Godwin Scerri, a psychiatrist for Carmelo Pulis and television presenter and former public relations officer for the victims, Lou Bondi.
Judge David Scicluna will be deciding in camera whether to accept television presenter, and the former public relations officer to the victims, Lou Bondì as a witness presented by the defence.
Defrocked priests Carmelo Pulis and Godwin Scerri were jailed for six and five years, respectively after they were found guilty of abusing the boys.
The two former priests and the Attorney General have appealed the judgement, handed down by Magistrate Saviour Demicoli.
In her appeal, Giannella de Marco is arguing that she wanted the court to hear new witnesses as there was new evidence which had to be presented.
She said that her appeal was principally based on the fact that Lawrence Grech, one of the victims, was a liar.
The court, presided by Judge David Scicluna was suspended till 11am, after the building had to be evacuated following a bomb scare.
This priest is yet another of Canada’s fugitive’s from justice. He fled Canada in 1993 around the time charges were laid in rleation to allegations of sex abuse of a 12-year-old boy in the Diocese of London Ontario. There is a warrant out for his arrest. The OPP were debating extradition.
Now this. On appeal, and thanks to the carelessness of the prosecutor, Scerri has eluded a rape charge and conviction. He is now trying to get his other sex abuse conviction overturned by alleging that one of the victims is a liar.
I do hope the OPP get busy and get the wheels in motion to have this man extradited while he can still be found!
A final note here: I see that the appeal court judge’s name is Mr Justice David Scicluna. The Vatican’s Promoter of Justice is Father Charles Scicluna. The latter is Maltese and met with the Maltese victims nearly two years ago.
Is Scicluna a common name in Malta? Does anyone know? Surely to goodness there is no relationship between these two Sciclunas?
e prosecutor erred, and Scerri has