Mr Justice David Scicluna is today expected to deliver judgement in the appeal by the attorney general in connection with rape committed by Fr Godwin Scerri.
The Magistrates’ Court had decided that as evidence showed that violent rape had not been committed by Fr Scerri at Marfa, as the charges said, but at St Joseph Institute in Sta Venera, Fr Scerri could not be found guilty.
In his appeal, the attorney general argued that in spite of everything, rape had been committed, as both the victim and Fr Scerri knew, so once rape had been committed, the offender should be found guilty.
Legal counsel Giannella de Marco argued that the law was clear that the place where a crime was committed was very important and was part of the charge that needed to be proved. If the wrong analysis had been made in the sentence, this could be annulled.
Fr Scerri had been handed a five-year jail sentence after being found guilty of corrupting two boys, but acquitted of the rape charge because of the mistake in the charge sheet.