Priests’ abuse appeal

Lawyer Giannella de Marco said Lawrence Grech, who was appearing in the media on behalf of all the victims, was only after compensation.

She was making submissions before Mr Justice David Scicluna in the appeal filed by former priests Godwin Scerri and Charles Pulis, both members of the Missionary Society of St Paul, who were sentenced to five and six years in prison respectively for sexually abusing 11 young boys in their care in the 1980s and 1990s.

Mr Pulis and Mr Scerri, aged 64 and 75, were defrocked last year following independent Vatican investigations.

The Appeals Court last month confirmed a ruling by a magistrate clearing Mr Scerri of raping a boy because of a mistake in the charge sheet about where the crime had been committed.

The court said the prosecution could have corrected the mistake throughout the proceedings but it had not done so.

Dr de Marco and her colleague on the defence team, Joe Giglio, yesterday made their submissions on why the Appeals Court should overturn the decision by the Magistrates’ Court and free their clients from the charges brought against them.

During the proceedings two victims, including Mr Grech, sat at the back of the courtroom, a metre behind the former priests.

Dr de Marco questioned how plausible it was that Mr Grech had asked Mr Pulis to celebrate his wedding Mass if it were true that the former priest had sexually abused him and had hurt him so much.

She also questioned why another victim would call Mr Pulis from Australia to inform him of the birth of his daughter.

She said Mr Grech had organised a sort of get-together for St Joseph boys when he returned from Australia and had collected money to purchase a silver religious icon to give to Mr Pulis as a “best priest award”.

Dr de Marco, who is appearing for Mr Pulis, also queried the judgement handed down last August by Magistrate Saviour Demicoli, saying the first court looked at the defence theories as “obstacles” rather than lines of defence.

“The 95-page judgement looked more like a dissertation or a thesis for a PhD in the defilement of minors, quoting several judgements without making any link to the present case,” she said.

She continued: “Nowhere in such a long judgement did the first court refer to any of the lines of defence raised by the defence.”

She explained that the first point of her client’s appeal was that related to the charges being time-barred. Such charges became time-barred after 10 years while the allegations made against her client had taken place more than 15 years before he was charged.

Dr de Marco argued that the Magistrates’ Court should not have increased the punishment by two degrees because of a continuous crime – a crime committed over a period of time.

She quoted case law that laid down there could be no continuous crime when the crime committed was against the person.

Moreover, it did not apply when more than one victim was involved. At one point during the sitting, Mr Justice Scicluna informed everyone present that there had just been a bomb threat, adding, that he was prepared to continue hearing the case not to waste time.

“I have informed you all. Now, whoever wants to leave, can leave,” he said.

No one left.

Both lawyers raised the inadmissibility of the statements given to the police, saying these were taken before their clients were given the opportunity to consult a lawyer of their choice prior to interrogation.

A number of medical doctors yesterday testified on medical complications the former priests suffered. The court asked journalists present not to report on the details.

The hearing continues on Monday when Dr Giglio is expected to make his submissions on behalf of Mr Scerri.

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Lawrence Grech and friends doing everything for money – Giannella de Marco

The Malta Independent Online

Article published on 16 June 2012

Defence lawyer Giannella de Marco said victims of priestly sexual abuse met and agreed on the case to try and get as much financial gain as possible from those who gave them so much during their upbringing.

Two priests were last August found guilty of sexually abusing minors under their care, and were jailed for six years and five years respectively.

Carmelo Pulis was sentenced to six years’ imprisonment after being found guilty of abusing nine boys. Francesco sive Godwin Scerri was sentenced to five years’ imprisonment after the court found him guilty of sexually abusing two boys. He was cleared of raping one of the boys because the victim alleged the case had happened in Marfa, and later explained it had happened at St Joseph Home.

The two priests were defrocked last year following investigations the Vatican carried out.

In her submissions, Dr de Marco, who is representing the priests together with Dr Joseph Giglio, said the court was wrong to have ignored crucial points the defence has made. She noted the majority of cases, that go back to 1986, are time-barred and no criminal action can be taken on their basis.

The court of magistrates was therefore wrong to have measured a continuous crime by taking into consideration when it started and ended.

The hearing was presided over by Judge David Scicluna, who kept the session going despite a bomb threat at the Courts of Justice.

Dr de Marco insisted Lawrence Grech, one of the victims, is a “liar” and the person behind the mudslinging against the priests. In over four hours of submissions, she focused a lot on Carmelo Pulis saying that after serving as a priest for 30 years, without anyone ever saying any disparaging words against him, Lawrence Grech entered the scene and started getting people together in parties he organised. Their aim was to damage the priests’ reputation. In one of the parties, he invited Fr Pulis, describing him as the best priest at St Joseph Home and even giving him a gift at the end.

Mr Grech had asked the priest to officiate his marriage ceremony and when the priest happened to be in Australia, he asked him to visit his family to see his daughter. She added that while Mr Grech does not pick up his daughter or kiss her, because of fear he says stems from his abuse, he let Father Pulis show his affection. She was certain he let the priest pick her up as Mr Grech knew he never did children any harm.

“Lawrence Grech is a person who likes attention and did what he did for personal gain,” she said. “He is trying to impress the media and to even earn money from the BBC, but they did not swallow the bait”.

Dr de Marco went on to point out that Mr Grech himself had abused of his mate at the home, causing him fear, and this had happened in front of Mr Grech’s wife and daughter. The victims meanwhile contradicted themselves by saying that Fr Pulis loved them and that he also abused them.

Meanwhile, there were others, including a certain John Debattista who frequented St Joseph Home, and had nothing wrong to say against the former priest.

She hopes justice will be served according to the law.

Lawyers Philip Galea Farrugia and Maxilene Cassar are leading prosecution on behalf of the Attorney General’s Office while Dr Patrick Valetino is appearing a parte civile.

The case continues to be heard at 10am on Monday.