Kerygma priest cleared of criminal libel due to lapse of prescriptive period

By Matthew Agius
Malta Today
March 25, 2015

http://www.maltatoday.com.mt/news/court_and_police/51079/kerygma_priest_cleared_of_criminal_libel_due_to_lapse_of_prescriptive_period#.VRLCfvnF-So

Fr Charles Fenech emerging from the law courts in Valletta Photo by Ray Attard

The Dominican priest accused of sexually abusing a vulnerable woman has been cleared of criminal libel in a case filed by a male friend of his alleged victim, after a court held that the case had been filed almost two years too late.

Lawyer Edgar Bonnici Cachia had filed the case against Fr Charles Fenech, who is currently undergoing separate criminal proceedings for allegedly sexually abusing a 42-year-old Zabbar woman.

Bonnici Cachia had alleged that in February 2012, the priest had made the female victim inform the ecclesiastical authorities that she “had been forced to file her criminal complaint against the priest by Bonnici Cachia.”

The offending affidavit by the victim had been presented in court in March 2013 and Bonnici Cachia had personally filed his police complaint in May 2013. The criminal libel case had begun in July 2014.

Lawyer Michael Sciriha, for Fenech, argued that as the allegations at issue were verbal in nature, a prescriptive period of three months applied and that this period had clearly elapsed.

In his judgment, Magistrate Francesco Depasquale noted that the plaintiff had not presented any evidence to substantiate his claims, aside from his own testimony. The victim’s affidavit also did not clearly indicate what Bonnici Cachia had allegedly told her to say, with regards to the priest.”

The magistrate upheld the defence’s argument, saying that the action must be filed no more than three months after the allegation and that Bonnici Cachia’s case was time-barred.

It is understood that Bonnici Cachia intends to appeal the judgment.

Lawyers Michael and Lucio Sciriha and lawyer Franco Galea assisted Fr. Fenech, while lawyer Noel Bianco appeared for Bonnici Cachia.