A court has found there is sufficient evidence for the case to continue against a priest accused of money laundering, fraud and misappropriation, despite the defence claiming the alleged victims "don't consider themselves victims".
The case against Fr Luke Seguna continued on Wednesday morning with testimony from several of the Marsaxlokk priest's parishioners and people who had sold him goods.
He denies swindling 150 parishioners of some €500,000 given to him over a 10-year span, claiming the payments were made to him personally. A police investigation discovered he had hundreds of thousands of euros in various personal bank accounts and a collection of vehicles, despite his meagre income as a priest.
The hearing began with evidence from those who had sold him a €29,000 Land Rover, a €5,000 Fiat 500, a €700 motorbike and a €34,000 garage in Paola over the last two years.
A notary, whose office did the background checks on the garage, said no red flags were raised over the priest's payments.
Three people, including two parishioners, also told the court how they had given donations of varying amounts to the priest. Maria Carmela Pulis said she had donated money intended for the repair of a bell tower and saw that later the reparations were carried out.
Another parishioner, Rosemary Bugeja, said she handed over money to the priest, saying, specifically, "this is for you".
All witnesses denied being approached by anyone before giving evidence, when asked by a lawyer for the prosecution, Ramon Bonett Sladden.
Lawyers for the defence argued the prosecution had not brought enough evidence for the case to continue against Seguna for money laundering, misappropriation, fraud and falsification.
“These alleged victims don't even consider themselves as victims. They came here saying that they gave the funds to the priest," lawyer Alex Scerri Herrera told the court.
However, after the prosecution said there were further witnesses to appear, Magistrate Natasha Galea Sciberras ruled that there is sufficient evidence for the case to continue, setting the next sitting for October.
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Case continues in October
1.46pm That's it for this morning. Thank you for following. The case continues in October.
Sufficient evidence for case to continue
1.42pm Defence Lawyer Scerri Herrera stands up: “These alleged victims don't even consider themselves as victims. They came here saying that they gave the funds to the priest.”
However, after hearing submissions the magistrate concludes that Seguna does have a case to answer and that the allegations merit further investigation. On the basis of evidence presented so far, there is sufficient evidence at first glance for the case to continue.
More victims to testify
1.42pm The prosecution insists that Seguna does have a case to answer. It says that there are other civilian victims who are still to testify.
Defence argues lack of evidence
1.31pm Lawyer Jose Herrera tells the court that the defence is contesting that there is no sufficient evidence at first glance for the priest to face trial.
He says that Seguna is facing four main charges: money laundering, fraud, misappropriation and falsification.
Money laundering needs an illicit source of funds, he argues, and in this case the funds came from a legitimate source, through donations to the priest or parish.
Secondly, there must be intention to launder, which is not the case here. Nor is there evidence of fraud or misappropriation. There is no proof that funds from the parish account were transferred to Seguna’s personal accounts. "There’s not the slightest shred of evidence that he misappropriated parish funds," Herrera argues.
Regarding the last charge, which allegedly concerns false signatures on cheques, that signature was by a third party who has since died and Seguna officiated at his funeral.
At this stage, the defence is insisting that Seguna has no case to answer.
'No, this is for you'
1.28pm Rosemary Bugeja, another Marsaxlokk parishioner, takes the stand to tell the court how she used to give the priest donations. He would direct her to the office but she would tell him, “no this is for you.” It was a sign of gratitude for the parish priest, for his presence and for the comfort he offered in community, she said.
Again an Attorney General lawyer asks the witness if she was approached before today and again the defence hits out. "If you have any allegations, speak out," a defence lawyer says.
'Delivering to the needy'
1.20pm James Zerafa, a Marsaxlokk native who left the village after getting married, is up next. He too confirms that no one except the police spoke to him before today’s sitting. He says he often gave donations to Seguna, some €300 over three years. His guiding principle on giving the money was "trust", he explains and had no interest in asking for a receipt.
He once was heading for a coffee and spotted the priest bearing two heavy bags. “You’ve done your shopping rather late in the day!” Zerafa joked that evening. But the priest replied that it was not shopping.
The witness said he then realised that the priest was probably heading to deliver those bags to some needy families “under cover of darkness to keep it under wraps.”
'I trusted the priest'
1.10pm The witness recognises a cheque for €30 dated 2017 she had handed over, written out to the Marsaxlokk parish. She explains that she regularly handed out donations “for the needs of the parish.” She identifies another cheque for 120 euros. “This was for the arbural. The signature is mine 100%. Donations for the church.”
The parish priest fixed the bell tower and the windows in 2020. Her family had sponsored a window. On that occasion, she had issued a cheque in her name. Asked how she knows the money was used for the window, she says the priest had made an announcement at the altar, and she approached him afterwards to donate.
"I trusted the priest. And besides, when I looked up at the bell tower the works appeared done," she replies.
'Have you been approached?'
1.02pm Maria Carmela Pulis, a Marsaxlokk parishioner, testifies about a €120 donation she gave to the priest. It followed his appeal for parishioners to give a €10 monthly donation after funds fizzled out during COVID-19.
The first question to the witness causes a bit of an uproar in court. The prosecution lawyer Bonett Sladden asks her if she was approached by anyone before testifying in court. The defence pounces: "What are you implying?"
After a row between the pair, the magistrate restores calm, telling them both to be quiet and speak in turns.
No red flags
12.51pm Notary Anthony Abela is next on the stand. He is the father of the notary that signed the deed for the Paola garage we heard about earlier. He identifies Fr Luke who “worked hard for six years at Rabat” [before Marsaxlokk, Seguna served in the Rabat parish].
The witness shows the court a copy of the deed and a letter showing the loan Seguna was given from the Curia. Abela says there were no red flags during the notarial checks.
Fiat 500
12.46pm Morgan Gonzales, a French national, appears next to tell the court he sold his Fiat 500 to Seguna. Gonzales bought the car for €4,000 in June 2021 and sold it to the priest for €5,000 cash in February 2022.
Defence lawyer Matthew Xuereb questions this. "Are you sure, because cars normally decrease in value?".
"Yes," the witness replies.
A Paola garage
12.43pm Neil Anthony Borg is the next witness. He and the priest have "friends in common", he tells the court. He sold him a garage in Paola for €34,000 on 28 December last year and presents the final deed of sale to the court, signed before notary Sam Abela. Seguna paid by cheque.
Honda motorbike
12.35pm Up next is Sergio Polidano, an air conditioning technician, who sold a second-hand Honda C70 motorbike to the priest for €700. Seguna paid for the motorcycle with cash on 30 July 2020.
Loan from the Curia
12.33pm The defence says the Landrover was purchased with two financing loans. One from a bank, the other from the Curia. But the witness is not sure and could not confirm this.
Land Rover for €28,990
12.25pm Dylan Gerada, a former car importer, takes the stand. He tells the court that the priest bought a second-hand black Land Rover Defender from him for €28,990, including extras and insurance. He presents the court with an invoice issued to the priest. It shows Seguna's signature next to a seller's note that says "paid in full". The payment was partly made in four cheques. He paid a deposit on order and settled the balance in full later.
Inspector takes stand
12.21pm Police inspector Lianne Bonello is the first person to take the witness stand today. She’s from the anti-money laundering squad. But today she will only be exhibiting Seguna’s passport and ID card. She will continue next time.
Fr Luke in the dock
12.14pm The defendant, Fr Luke Seguna, is in the dock as the case against him continues. He is represented by lawyers Jose Herrera, Matthew Xuereb and Alex Scerri Herrera.
Attorney General lawyers prosecuting the case are Andrea Zammit and Ramon Bonett Sladden. Inspector Lianne Bonello is also prosecuting.
The Roman Catholic Archdiocese of Malta also has a lawyer following proceedings, Stefano Filletti.
Seguna's parents and other relatives are here to support the priest, who denies charges of money laundering and misappropriation.
We're just waiting for magistrate Natasha Galea Sciberras, who has had a packed schedule all morning.