Rape Case Could Have Been Revised, Says Pl

By Francesca Vella
Malta Independent
April 20, 2012

http://www.independent.com.mt/news.asp?newsitemid=143104

The case of the priest who was cleared of rape because of a mistake in the charge sheet could have been revised when there was the opportunity to do so, and then Justice Minister Carm Mifsud Bonnici should assume political responsibility for the lack of investment in the office of the attorney general, according to the Labour Party’s spokesperson for justice Jose Herrera and spokesperson for security and home affairs Michael Falzon.

Addressing a press conference outside the Law Courts building, Dr Herrera also referred to the need to tackle the issue of bomb threats at the Law Courts, saying they naturally slow down the work of the courts and have been happening too often.

On the case of defrocked priest Godwin Scerri, who was acquitted of rape, Dr Herrera said the rape charge could have been revised.

The court had found that from the evidence produced, one of the alleged crimes – that of rape – had not been committed in Marfa, as the charge sheet said, but at St Joseph Home in Santa Venera. Because of the mistake in the location, Mr Scerri could not be found guilty of this particular charge.

Dr Herrera said that while it was up to the courts to decide whether or not a defendant is guilty or otherwise, the minister who, until some time ago, was responsible for the justice sector, should assume political responsibility for the lack of investment in the office of the attorney general, which deals with prosecutions, among many other things.

He said that a number of lawyers were recently employed at the AG’s office, but there was a time when there was a crisis due to the lack of investment.

Asked whether the recent improvements are enough, he said: “There is still not enough investment. More needs to be done due to the amount of work carried out by this office.”

He also spoke about the duration of court cases as a result of documents being transferred from the magistrates’ court to the attorney general’s office. This was based on a system used by the Italians, who have since adopted another method, said Dr Herrera.

Both he and Dr Falzon spoke about the need to debate the motion they presented on the justice and home affairs sectors. Dr Falzon noted that leader of the House Tonio Borg, who has now been replaced by Carm Mifsud Bonnici, had promised the motion would be discussed by the end of January.

Meanwhile, Dr Herrera mentioned other shortcomings in the justice sector, including a point mentioned in the motion presented last December. In their motion, the MPs said the government had failed to treat constitutional issues concerning human rights with the urgency they deserved, even after a number of constitutional cases and cases of the European Court of Human Rights were concluded. The MPs had mentioned cases related to adoption, transsexuals’ rights and property rights among other things.

Interference from politicians undermines AG’s Office

In a reaction, the justice ministry said interference from politicians would undermine the independence of the AG’s Office. Dr Herrera’s statement that politicians are responsible for the AG’s decisions show that the PL believes that there can be interference from politicians in the work of the AG, said the ministry, adding that the whole issue has nothing to do with the number of staff at the AG’s office, and the case mentioned by the Opposition, the prosecution was not led by the AG’s office.

The AG office’s decision to not ask for a correction in the charge sheet at an advanced stage of the case was aimed at avoiding worse consequences. A request for a correction could have led to the case being time-barred, said the ministry.

And a spokesman for Carm Mifsud Bonnici, who was justice minister until some time ago, noted that during a budget debate in parliament, Dr Herrera had praised the work of the new lawyers at the AG’s office, and said that the AG is a workaholic and that his office’s services were excellent. The Labour MP had also praised the government’s investment in the office.

“Obviously there is always room for improvement... but it is working well in the circumstances.”

The government had failed to treat constitutional issues concerning human rights with the urgency they deserved, even after a number of constitutional cases and cases of the European Court of Human Rights were concluded

Dr Herrera had praised the work of the new lawyers at the AG’s office, and said that the AG is a workaholic and that his office’s services were excellent – spokesman for Carm Mifsud Bonnici