Latest Angelika Priest Spared Jail, The Herald [Scotland], May 8, 2007

Latest: Angelika Priest Spared Jail

The Herald [Scotland]
May 8, 2007

http://www.theherald.co.uk/news/news/display.var.1382931.0.0.php

The priest at the centre of the Angelika Kluk affair has avoided jail over the way he answered questions in court.

Apologetic Father Gerry Nugent, 63, was spared on Tuesday because of the traumatic events at his Glasgow church, the pressure he was under and a psychiatrist's report.

Judge Lord Menzies put the alcoholic priest on probation for a year and ordered him to carry out 100 hours unpaid community work.

Father Gerry had been order to return to court at the end of the Angelika murder trial to face sentence for contempt.

Trial judge Lord Menzies made the finding after issuing two earlier warnings to the priest about his unsatisfactory answers to questions during the murder trial.

Father Gerry sat in the same seat in the dock where Peter Tobin sat for the last six weeks.

On Friday the church odd-job-man was found guilty of raping and murdering Polish student Angelika, 23, and hiding her body under the floor of Father Gerry's church in Anderston, Glasgow.

Tobin, 60 - branded 'inhuman' and 'evil' by Lord Menzies - was jailed for life and ordered to serve a minimum of 21 years before he can apply for parole.

During Tobin's trial Father Gerry - who confessed to a sexual relationship with Angelika - spent four days in the witness box.

He faced allegations from defence QC Donald Findlay that he knew more about Angelika's death than he was prepared to reveal.

The former parish priest of St Patrick's Church was quizzed about the finding of a condom in Angelika's room in the chapel house attached to the church.

Father Gerry told the court he had showed the condom to Russian student Rebecca Dordi, 30, who was also living there.

He also told the court he spoke to the Russian student about the find and then, minutes later, said he could not remember speaking to Ms Dordi about the condom.

Father Gerry was equally evasive about the hatch near his confessional box where the body of tragic Angelika was found.

"I am prepared to accept that when you gave evidence in court you were suffering from a psychiatric disorder"

Lord Menzies

In spite of the two warnings, he returned to court the following day when he was confronted with a police statement about his relationship with Angelika which differed from what he had said in court and accused of lying on oath.

Lord Menzies said then that the reason for the contempt finding was 'prevarication' - not giving straight answers to straight questions.

Valerie Stacey QC, defending, told the High Court in Edinburgh: "May I say immediately, Father Nugent very much regretted any difficulty he caused the court by the way he gave his evidence."

She said the priest had been under enormous stress both in the witness box and since the disappearance of Angelika last September and the finding of her body under the church floor four days later.

"He did not take sufficient time and care to think about what he was saying and give his evidence in the manner required by the oath."

The lawyer said Father Nugent had helped the authorities in the run-up to the trial and had given police no fewer than 17 statements. Parishioners had also asked him what to do if contacted by police and his advice had been: "Just answer the questions."

Lord Menzies interrupted to say it was not co-operation with the police but the priest's evidence which led to the finding of contempt.

"He would say one thing on oath and a few minutes later he gave another answer which was inconsistent with the first."

Ms Stacey told the judge: "By the time he came to court he was extremely disturbed at all that had happened, at the tragedy that had befallen Miss Kluk.

"He was extremely distressed in court and he should have said he was no longer sure what he had said and when he had said it."

The conversation in a parishioner's house about the finding of the body under a hatch, or trap door, had happened when a lot of drink had been taken. When he came to give evidence 'he did not know when he had heard what'.

The court heard that Father Gerry had previously been diagnosed with 'adjustment disorder' but a psychiatrist who had interviewed him in connection with the proceedings said there had been a more serious 'moderate depressive episode.' Ms Stacey said: "He didn't have any medical condition which prevented him coming to court to give evidence but he was, to some degree, impaired and hampered."

A brother priest also wrote to the court saying that in the aftermath of Angelika's murder, Father Gerry 'could not longer stand his own company'.

"He could talk but could not converse. He rambled incoherently."

Asking for leniency, the lawyer said Father Gerry's world had crumbled around him. He had failed his vows in sexual matters and would no longer be able to practice his vocation as a priest.

She said: "He was and is flawed but he has done much good work."

Lord Menzies told Father Gerry: "You were found to be in contempt of court, by prevarication, in a very important trial, a trial which could hardly have had a higher profile and a trial which could hardly have been more important, involving, as it did, a charge of murdeer and rape of a young woman who was staying in your own chapel house."

The judge said prevarication could not be tolerated if justice were to be properly administered and normally involved a prison sentence.

But he took into account that - although the priest has a conviction for drink driving - he had no relevant record and his work as a parish priest had been 'outstanding' helping many people over many years.

Referring to the psychiatrist's report the judge said: "I am prepared to accept that when you gave evidence in court you were suffering from a psychiatric disorder to the prevarication of which you were found guilty and I also accept you were under very considerable stress."

Father Gerry was warned that if he were in trouble again or broke the terms of his probation he would be brought back to court for a different sentence.