Clerical Abuse Victims to File Constitutional Case

By Matthew Agius
Malta Today
March 10, 2015

http://www.maltatoday.com.mt/news/court_and_police/50534/judge_in_clerical_abuse_case_rules_that_he_has_no_conflict_of_interest#.VQAAvvl_uSp

Judge Joseph R. Micallef

One of the clerical sex abuse victims who, yesterday had a request to have their case heard by another judge, only to have that request denied by the same judge whom they were accusing of having a conflict of interest, will be filing a Constitutional case.

This morning, judge Joseph R. Micallef ruled their request would result in an abuse of the judicial process under the guise of protecting the right to a fair hearing, pointing out that the test of impartiality, even as interpreted by the European Court of Human Rights, requires an objective basis of verifiability.

In an exclusive account given to MaltaToday, a visibly distressed Lawrence Grech said he is certain that judge Joseph R. Micallef “had been against us since day one,” describing what he claimed to be an air of secrecy and intrigue surrounding the case.

"The Church had insisted that hearings be conducted behind closed doors as it would negatively affect children in Church care homes” said Grech. The ten plaintiffs had suggested that if public scandal was the issue, they could testify behind closed doors, but the Bishop and directors of St. Agatha testify in open court. The judge, he said, also refused this request.

“He was only interested in closing the case as quickly as possible and would often pass remarks to this effect, during sittings,” said Grech of the judge. This allegation could not be independently verified as the media and public had been barred from attending sittings, however.

Grech claimed that the plaintiffs’ lawyers had been denied access to former Archbishop Paul Cremona’s testimony and had not been given a copy of the transcript of the court sitting, as is normal procedure.

He was asked whether the Church had tried to help him in some way, since the case began. “The Church, from day one put me in contact with a psychiatrist who, after a 2 hour session diagnosed me with that illness the soldiers from Vietnam had [Post Traumatic Stress Disorder] and immediately put us on a massive dose of tranquilizers.”

“I didn’t take them. I’m not stupid,” he added.