Momentum leader Arnold Cassola has used the Nadur rape case to launch a blunt attack on two of Malta's institutions: the justice system and the Church. Referring to the 18-year legal saga, he said the case "puts to shame our country's institutions on two counts", arguing first that it exposed a legal system where "justice delayed is justice denied", and second that it highlighted the silence of Church authorities over the conduct of a priest who helped broker a payment to the victim's family.

Cassola said the case laid bare the defects of a system in which a rape case could drag on for nearly two decades, only to end with acquittals grounded in legal loopholes that existed at the time.

But it was the Church's response - or lack of it - that drew some of his sharpest criticism. Cassola said that even if Church authorities could once claim ignorance over the identity of the priest involved, "now such excuse no longer exists".

The case centres on testimony showing that Fr Michael Said, a relative of some of the accused, acted as an intermediary in 2008 when a Nadur family was paid €7,000 after alleging that their 14-year-old daughter had been raped. According to the family's testimony, the priest urged them to accept the money, saying it would be better used for psychological support for the girl than to endure the trauma of court proceedings. The parents later said they regretted accepting the payment.

The payment was allegedly made on September 15, 2008, one day after the family filed a police report claiming their daughter had been raped by brothers Josef Said and Peter Paul Said, and sexually touched by her sister's fiancé, Mark Lorry Said. The girl later also told police that Peter Paul Debono had raped her separately. Josef Said and Peter Paul Said are brothers of Nationalist MP and former minister Chris Said, who was a parliamentary secretary when the report was filed.

All four accused were acquitted. Earlier this month, the Court of Appeal upheld the initial ruling, finding that under the law as it stood at the time, rape could only be prosecuted without the victim's consent if it took place in a public setting. The alleged assaults were said to have happened in locations deemed private - including a car in a private yard, a construction site and a hotel. The law has since changed, allowing rape to be prosecuted ex officio regardless of location.

The court also ruled that the victim's withdrawal of her complaint prevented prosecution, since the law then required the victim's backing. Police inspector Graziella Muscat testified that the family's lawyer informed her on September 15, 2008, that they no longer wished to proceed. Yet when questioned two days later, the mother said she had been pressured into halting proceedings and that the family had received €7,000 after being told the girl would suffer further trauma.

In testimony over the years, the victim's parents described pressure from Fr Said and members of the accused's family. The victim later testified she eventually received €120,000 in relation to a civil settlement.

The Gozo Curia has declined to comment, while the Church's safeguarding commission did not reply to requests for a reaction by Times of Malta. That silence has also been condemned by the Lisa Maria Foundation, which said people who use positions of trust to encourage families to stay quiet about abuse "deserve to be held accountable".

A statement was also issued by the Office of the Commissioner for Children. It made no particular reference to the case, but expressed its concern regarding situations which might enable child sexual abuse to go undetected or unreported.

"Every child has an inherent right to protection, safety, and dignity, and it is everyone's responsibility to ensure that these rights are upheld without exception so that children do not face the severe and lasting consequences of child sexual abuse," the commissioner said.

"The protection of children must be treated as a matter of urgency and collective responsibility. Equally important is the assurance that perpetrators and those who may be complicit in perverting the course of justice are held fully accountable under the law. Justice must be pursued consistently and without delay, sending a clear message that abuse will not be tolerated and that those who harm children will face appropriate consequences."

"The Office calls for reinforced safeguards so as to ensure that children are heard, believed, and protected when they speak up about abuse. This is essential to prevent abuse and safeguard their rights. Anyone who becomes aware of abuse must act without delay and report it to the relevant authorities. The Office further calls for the complete removal of any time limitations on the prosecution of child sexual abuse cases, ensuring that survivors can seek justice regardless of when they are able to come forward."

Gozo Safeguarding Commission says case was not reported to it

The Gozo Safeguarding Commission issued a statement. It said: "Since its inception in 2022, the Safeguarding Commission Gozo has diligently handled all cases reported and referred them to the competent civil authorities. The recent media report alleging that a priest assisted in the withdrawal of an accusation in a criminal case was never reported to the Commission."

The Commission said that it is monitoring this case and actively ensuring that all safeguarding principles will be upheld. "We encourage anyone who has experienced abuse to seek support through the appropriate channels. The Commission remains fully committed to fostering a culture of accountability, safeguarding, and care within the community."