Updated | Appeals Court Throws out Ag's Appeal to Find Defrocked Priest Guilty of Rape

By Jurgen Balzan
Malta Today
April 18, 2012

http://www.maltatoday.com.mt/en/newsdetails/news/national/Appeals-Court-throws-out-AG-s-appeal-to-find-defrocked-priest-guilty-of-rape-20120418

Defrocked priest Godwin Scerri has appealed a five year jail term for abusing boys

Criminal appeals court throws out request by the Attorney General to have defrocked priest Godwin Scerri be found guilty of rape.

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.