Defamation case against Fr Charles Fenech dismissed because it was time barred

By Matthew Xuereb
Times of Malta
March 25, 2015

http://www.timesofmalta.com/articles/view/20150325/local/defamation-case-against-fr-charles-fenech-dismissed-because-it-was-time-barred.561356

Fr Charles Fenech

A criminal libel case instituted against Dominican priest Charles Fenech was dismissed today because it was time barred.

Fr Fenech, who faces separate charges of  sexually abusing a woman, had been sued by Edgar Bonnici Cachia, who alleged that the priest had forced the alleged victim to say that it was he (Bonnici Cachia) who had forced her to file a criminal complaint about the abuse.

But Magistrate Francesco Depasquale ruled that the complaint was filed outside the three-month time window, rendering it time-barred.

Fr Fenech is facing separate charges before a different magistrate in connection with alleged violent sexual abuse against a mentally-unstable 42-year-old woman from Zabbar. He also stands charged with holding the woman against her will and committing indecent acts in public.

Fr Fenech, who has been a Dominican friar for almost three decades, has spent most of his priesthood surrounded by young people who flock to the numerous spiritual, cultural, educational and sports events organised by the Kerygma Movement he founded in 1984. He was removed from his position shortly after the sexual abuse charges were made public by The Sunday Times of Malta.

Charges had been filed against the priest in May 2013 but 18 months after the charges were filed proceedings had not commenced as he presented medical certificates on three occasions, delaying the proceedings which eventually began at the end of last year and are being heard behind closed doors. 

This morning, Magistrate Depasquale threw out a defamation case filed by Mr Bonnici Cachia who claimed that Fr Fenech had, on various occasions, defamed him by, among others, forcing the alleged victim to say that it was Mr Bonnici Cachia who had forced her to file a criminal complaint against the priest. 

The court ruled that Mr Bonnici Cachia had not presented any evidence to substantiate his claims, except his own testimony. The alleged victim's sworn statement did not indicate what the priest allegedly told her to say. 

Moreover, it noted that since it was a case of verbal defamation, the case had to be instituted within three months. However, while the alleged incident took place in February 2012, it was only in July 2014 that the case began in court. He therefore threw out the case. 

Lawyers Michael and Lucio Sciriha and Franco Galea appeared for the priest while lawyer Noel Bianco appeared for Mr Bonnici Cachia who has given notice of appeal.