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News | Sunday, 18 April 2010

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Archbishop told he had no privileged rights


In a written submission before the Criminal Court dated August 2004, Police Commissioner John Rizzo had made it clear to then Archbishop Joseph Mercieca that he had no right to claim any privileged rights as head of the Maltese Church, by asking for access to documents relating to the criminal case initiated against three clergymen charged with statutory rape and sexual abuse of minors.
The document – leaked to MaltaToday – goes back to a year after MSSP priests Fr Charles Pulis, Fr Godwin Scerri and Bro. Joe Bonnett were charged before Magistrate Saviour Demicoli for lewd acts committed on a number of young orphaned boys who were trusted in their care at St Joseph’s Home in Santa Venera during the 1980s.
Lawyer Anthony Ellul, who appeared for Mgr Mercieca, stressed in writing that “as members of the clergy, they (priests) are subject to Canon Law, that itself provides for dealing with such cases.”
He asked to be given authorisation to access all the documentation in the proceedings.
This request triggered an immediate response by the Police Commissioner, who stressed that the Criminal Code is “clear” in stating that any documents related to the proceedings cannot be shown, passed on or copied to any ‘third party’, unless special authorisation is granted by the Court.
The only parties that have access to such documentation would be the Attorney General, the police as prosecutors, the accused and their lawyers.
In his submission, Police Commissioner John Rizzo said that such a request did not serve the correct administration of justice, and reminded the Archbishop that the proceedings were still ongoing.
Meanwhile court sources have told MaltaToday that the case against the three clergymen – now in its seventh year – continues behind closed doors, with the defence attorneys making their case.

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