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	Second Accusation against Gozitan Priest: Alleged Abuse Victim Sues for $10m in Damages By David Lindsay Malta Independent October 26, 2006 http://www.independent.com.mt/news.asp?newsitemid=40905 A 51-year-old man yesterday filed a civil lawsuit against the Miami Archdiocese after he claimed he had been sexually abused by Gozitan priest Fr Anthony Mercieca in 1978. At the time of the alleged abuse, the boy, who has been named only as John Doe No. 26 since he was a minor at the time of the incident, was 12 to 13 years old. The allegations follow similar ones made against Fr Mercieca by disgraced American congressman Mark Foley. In a complaint filed in the Circuit Court of the 11th Judicial Circuit for Miami-Dade County, Florida yesterday, the plaintiff, an altar boy at the time of the alleged incident, claims he was invited to the top of Miami's St James Church bell tower by Fr Mercieca, who proceeded to perform indecent acts on him. Speaking to The Malta Independent yesterday, the plaintiff's lawyer, Jeffrey Herman, confirmed that his client would be requesting in excess of $10 million (Lm3.4 million) in damages, but that the jury would decide on the appropriate compensatory damages. Asked whether the statute of limitations had not elapsed, given that the alleged abuse took place over 25 years ago, Mr Herman explained that since the case is of a civil, and not criminal, nature there is a legal mechanism available in the US that would allow his client to circumvent the issue. Asked why his client had come forward so long after the fact, Mr Herman explained: "The incident took place in 1978 and he has been living with this for a long time. It was only when he saw 'Fr Tony's' face in the newspapers and read the Archdiocese's appeal for any other victims to come forward that he thought he would come forward in the interest of others who might have also been abused." In a statement made by John Doe No. 26, which has been made available to this newspaper, the alleged victim explains: "I am one of Father Tony's victims. It happened when I was an altar boy for St James church. Many years have passed and I thought I could put it away in the back of my head and forget it. "But when I saw his picture last Friday, all of my nightmares came back. I feel so bad that there are more victims out there that have had the same thing done to them. Every time I would hear the news about a priest abusing a child, I hoped it was not another victim of Father Tony. I would take a deep breath of release and keep on with my life. This time, I could not be quiet because when I saw the picture, it was the priest who abused me and I knew I had to come out and tell my story." In the complaint filed in the Miami courts yesterday, it was related how the plaintiff's family were devout Catholics and that the alleged victim had become an altar boy at the age of 10, when he was befriended and groomed by Fr Mercieca, whom he and the others boys called Father 'Tony'. The complaint continues: "When John was 12 to 13 years old, he rode his bicycle to St James on Saturday for altar boy practice. After practice, Father 'Tony' asked John if he would like to go on a bike ride with him. They rode their bicycles around the neighbourhood of the church. As they returned to the church, their conversation turned to the bell tower of the church; John asked if there were actual bells in the tower. "Mercieca invited John to the top of the bell tower to show him what was there. When they reached the bell tower, John sat down." Fr Mercieca is then said to have touched John inappropriately over his shorts, whereupon John pushed Fr Mercieca's hand away. But the priest persisted and went on to perform an indecent sexual act on the boy. Afterward, Fr Mercieca instructed John not to tell anyone what he had done, the lawsuit claims. The lawsuit filed against the Miami Archdiocese also alleges Fr Mercieca had sexually abused other boys before and during the time he abused the plaintiff and that the Archdiocese knew or should have known he was sexually abusing boys and had taken no action to protect the plaintiff. The complaint also alleges that the Archdiocese "at all relevant times had knowledge of Mercieca's history of sexual perversity and inappropriate contact with children" and that after finding out about the abuse "took active steps to conceal the abuse". Despite its knowledge, the complaint adds, the Archdiocese took no action against Fr Mercieca and continued to give him "unfettered access to young boys". It is also claimed that officers and agents of the Archdiocese "destroyed incriminating documents and files intending to conceal the sexual abuse of priests known to abuse minors, including Mercieca". Fr Mercieca's conduct was described as outrageous and as going beyond all bounds of decency and the plaintiff had suffered severe emotional distress as a result of such conduct. The Miami Archdiocese, the complaint alleges, breached its duties to safeguard children under its care by "failing to protect John from sexual assault and lewd and lascivious acts committed by Mercieca" and that as a result of the Archdiocese's negligence on the matter "John suffered severe and permanent psychological, emotional and physical injuries, shame, humiliation and the inability to lead a normal life." While a date for the next step in the judicial process has not been set, Mr Herman explained that the case is currently in the so-called discovery stage, in which depositions are being collected, as well as other documents related to the case. Fr Mercieca could not be reached for comment yesterday.
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