A defamation case filed against Dominican priest Charles Fenech was yesterday thrown out because it was time-barred.
Fr Fenech, who faces separate charges of sexually abusing a woman, was sued by Edgar Bonnici Cachia, the man helping one of the priest’s alleged victims.
Mr Bonnici Cachia claimed Fr Fenech had forced the victim to say it was he (Mr Bonnici Cachia) who had forced her to file a criminal complaint about the alleged abuse.
But Magistrate Francesco Depasquale ruled that the complaint had been filed outside the three-month time window, rendering it time-barred.
Fr Fenech is facing criminal proceedings in connection with alleged violent sexual abuse of a mentally unstable 42-year-old woman from Żabbar. He also stands charged with holding the woman against her will and committing indecent acts in public.
Fr Fenech, who has been a Dominican friar for almost three decades, has spent most of his priesthood surrounded by the young people who flock to the numerous spiritual, cultural, educational and sports events organised by the Kerygma Movement he founded in 1984.
He was removed from his position shortly after the sexual abuse charges were made public by The Sunday Times of Malta.
Charges were filed against the priest in May 2013 but 18 months later, proceedings had still not got under way because he had presented medical certificates on three occasions, causing delays.
The case eventually began to be heard at the end of last year and sessions are being held behind closed doors.
Magistrate Depasquale noted that since it was a case of verbal defamation, it was meant to have been instituted within three months. The alleged incident took place in February 2012 but it only went to court in July 2014.
The case was dismissed.
Mr Bonnici Cachia claimed that Fr Fenech had defamed him on various occasions, forcing the alleged victim to say he had forced her to file a criminal complaint against the priest.
The court ruled that Mr Bonnici Cachia had not presented any evidence to substantiate his claims, except his own testimony. The alleged victim’s sworn statement did not indicate what the priest allegedly told her to say.
Lawyers Michael and Lucio Sciriha and Franco Galea appeared for Fr Fenech, while Noel Bianco appeared for Mr Bonnici Cachia, who has given notice of appeal.