Judge recused in clerical sex abuse case

A Constitutional court accepted a number of plaintiffs’ requests for the recusal of Judge Joseph R Micallef in a civil case in which they are claiming damages over child abuse suffered at the hands of now defrocked and imprisoned priests Godwin Scerri and Charles Pulis and the Missionary Society of St Paul (MSSP).

The plaintiffs – Lawrence Grech, Joseph Magro, Leonard Camilleri, David Cassar, Noel Dimech, Angelo Spiteri, Raymond Azzopardi, Charles Falzon, Philip Cauchi and Joseph Mangion – had filed a criminal case against the Curia, the two priests who had abused them, the Missionary Order of St Paul (MSSP), the Prime Minister, the Education and Family ministers and the Attorney General in 2012. The plaintiffs had claimed that the authorities had been aware of the abuse, but had done nothing to stop it.

Mr Scerri and Mr Pulis had been allowed to keep their positions at the home, holding absolute control over their victims. Mr Scerri and Mr Pulis received a prison sentence of five and six years respectively, with the sentences confirmed on appeal.

They had subsequently filed a compensation case, which was assigned to Judge Joseph R Micallef, but filed another case, calling for the judge to recuse himself. The reason was that the judge was the president of the foundation that runs the religious radio station Radju Marija.

The plaintiffs requested the appeals court to declare that their right to a fair trial had been breached and to replace the sitting judge with someone who had no connections with the defendants.

During the course of the case, they argued that radio stations transmitting religious content, such as Radju Marija, need to first be approved by the Church. The radio station is transmitted from the Dominican Friars Convent in Rabat, and up until some years ago, it was directed by Fr Charles Fenech, who also faced charges of sexual abuse in court. Radju Marija is a civil and private not-forprofit organisation, however it is operated by priests, religious and lay people.

Mr Justice Mark Chetcuti, in the court of appeal, had denied the objection raised by the plaintiffs, on the basis that Radju Marija is a voluntary organisation that does not have any connections with the Archbishop’s Curia. He also noted that funding for the radio station is collected purely through voluntary donations, and that the Archbishop does not provide any sort of financing to Radju Marija.

Mr Justice Chetcuti’s decision was challenged in a new case before a constitutional court.

Chief Justice Silvio Camilleri, Mr Justice Giannino Caruana Demajo and Mr Justice Noel Cuschieri found that there is an informal link between the Archbishop’s Curia and the Association of Radju Marija. The courts noted that this perception is brought about by the fact that the director of the association must always be a cleric, and that when the director acts improperly or irregularly, it is the Archbishop that has the authority to call him in to respond to such acts.

It was also noted that the Maltese Dominican Province also has the authority to have the director resign from his post.

The courts noted a distinction between the director and the president of Radju Marija, however it added that both positions have a leading role within the association.

The court therefore found that the plaintiffs’ reservations were reasonable, and overturned the appeal decision. As a result it declared that there was a breach in the plaintiffs’ right to a fair trial and ordered that Mr Justice Micallef recuse himself from the compensation case and that another judge be appointed.

Following the outcry when the story first came to light, in 2015, the Church had publicly apologised and said that it will offer support to victims involved. However, the only help the victims got was a prescription for an antidepressant, Flouxetine. Other than that, the victims have not received any form of support from representatives of the Church.