Appeals’ court revokes Gozitan priest’s bail, remands him in custody

An Appeals’ Court has this morning revoked the bail of Fr Jesmond Gauci after partially upholding an appeal filed by the Attorney General.

Fr. Gauci is accused of the sexual abuse of several young girls from Fontana, Rabat and Xewkija, Gozo.

In the appeal, the Attorney General, represented by Dr Kristina Debattista, insisted that it is “unheard of that an accused is granted bail before the victim’s testimony is heard.”

“This is further compounded by the fact that the [alleged] victims are young girls. Moreover, the case took place in Gozo – a small community where the possibility of involuntary encounters between the victims and Fr Gauci is especially probable.”

“The victims are under immense psychological pressure and their concerns that they may end up in contact with the accused are valid,” Debattista said, adding that “the risk of tampering with evidence is a real one.”

Debattista went on to tell the court that she has been informed by the Police inspector that some witnesses are already reluctant to testify.

Defence lawyer Carmelo Galea exhibited the birth certificates of the victims in court. He argued that some of the victims are no longer minors - one of the victims is now seventeen years and nine months old - and therefore less vulnerable. The girls are scared to testify because they know they will have to say the truth and this will put them in a bad light. "The court should revoke bail only if there is a risk to the victims", submitted Dr. Galea.

“Newspapers are giving the impression that he is a paedophile,” Galea said, “which is not the case”. He explained that no sexual contact took place and that the only accusation was that they [victims and defendant] were on a boat and the accused “grabbed her breast from behind”.

He later mentioned that “improper text messages” were sent. The implication was that the defence is stressing that this is not a case of rape or attempted rape or paedophilia.

Galea argued that the risk of tampering with evidence is small given that his client’s name is now publicly known and that he is prohibited from leaving his hometown of Xaghra.

Judge Mallia retired to his chambers and returned a few minutes later with his ruling.

The judge held that in serious cases and with respect to certain crimes, bail is not always granted.

Judge Mallia partially accepted the argument of the AG-while he confirmed the decree of Court of Magistrates granting bail, he suspended bail it until the victims’ testimony is heard.