Guatemala missionary found in contempt of court over slander allegations

A missionary benefactor has narrowly avoided jail time for contempt of court after repeatedly inviting it to jail him “for 50 years,” in a case where he is charged with filing a false police report against a priest. 

The ongoing case against Luigi (Wigi) Duca, who is charged with  fabricating evidence of a non-existent crime, making a false report to the police, knowingly reporting the leader of the Guatemalan mission, Fr. Anton Grech, to the authorities for a crime he hadn't committed, defamation and slander continued today.

Duca, 67, from Ghaxaq is a well-to-do benefactor who had insisted on building a village to help the poor in Guatemala. From hours of testimony, it emerged that he was unhappy because the village was smaller than he had expected due to cost overruns. Duca is convinced that there was mismanagement of funds and had filed a complaint with the police, asking that they investigate the priest. 

In previous sittings, Fr. Grech had told the court that he had rebuked the volunteer and benefactor who financed a number of Mission Fund projects in Guatemala for lewd and obscene behaviour and alcohol abuse. The priest had said that he had forgiven the man and was willing to put the past behind him if the accused withdrew the allegations, but Duca adamantly refused to accept this.

“Send me to prison for 50 years, but I will not accept this forgiveness,” said the accused today.

Presiding Magistrate Joe Mifsud warned Duca not to expect clemency if it emerged that he had filed a false report which had ruined a priest’s reputation.

It was clear from the evidence that the allegations of fraud were not true, said the court, and all the priest had asked was that Duca withdraw the allegations.

“I gave him €65,000 to build 55 houses and he only built 18,” Duca said. It was explained to him that the costs had overrun for reasons beyond the priest’s control and that all expenses were documented and accounted for. “I’m not satisfied,” said the man. 

After a painstaking and concerted effort involving both defence lawyers Franco Debono and Marion Camilleri, as well as the prosecuting inspector Anne Marie Xuereb, Duca appeared to eventually soften.

Lawyer Kathleen Grima, appearing parte civile for the priest, cross-examined the accused. She suggested that 28 houses had been built, not 18.

“Let us say that 28 houses had been built, it’s still less than the 55 we had agreed on.”

Asked if he was convinced that all the money he had donated had been used for charity, he said “Yes for charity, but not for the reason I gave it. If I gave all that money am I not entitled to the satisfaction of seeing the houses?” 

Magistrate Joe Mifsud pointed out that it was very normal for construction projects to be cut down to avoid overrunning their budgets. “You buy a flat and think it’s going to cost €100,000 and then concrete and diesel prices rise and the project becomes smaller to cover the costs…this doesn’t mean that the money wasn’t used.”

“I never said he took the money himself, not in here not outside…I have no doubt they were used for the projects,” Duca said.

Duca’s concern, interjected Debono, appeared to be the fact that the houses being built were to be named after Maltese benefactors who had donated to the project and who, due to the smaller number of units being built, would now not have anything to show for it.

Fr. Grech had been worried about the project at the beginning as it was a big responsibility, Grima said, and had set up a committee to manage it. “A committee without a cashier…yes” quipped Duca.

He had never complained about Dun Anton in public interviews on the project, pointed out the lawyer. She exhibited an email from January 2015 in which Duca thanked the priest for his help and expressing remorse for not always following his advice. Problems first cropped up in August 2015, when Duca filed his first complaint with the Mission Fund.

Bishop Mario Grech had told the court in a previous sitting that he had investigated the case and found no basis for further action. The allegations were found to be untrue, he said. “They did not result.”

“Between January and August 2015 can you tell the court what happened?” Grima asked. “I was in Malta…I couldn’t sleep with all the things I was being told about.” Duca said, evasively. “What led you to file the report?” repeated the lawyer, but Duca didn’t acknowledge the question.

“You know what I’m saying, you are all here smiling for the priest and messing me about. You can throw me in prison for 50 years…” he shouted again, for the third time in that sitting, before the Court interrupted him, finding him guilty of contempt of court. “If you think you’re in Ghaxaq square you’re mistaken,” the magistrate said. “If you want to go to prison, you will go, but not for 50 years as I don’t have the power to do that.”

The punishment for contempt of court is a jail sentence from which there is no appeal, but even in the face of this, Duca was unable to contain himself and had to be brought to order by his own, by now irate, lawyer, just as he was about to launch into another tirade. The man apologized and acknowledged the court’s authority.

Debono asked the court to reconsider, arguing that the accused felt very strongly about the subject and was sorry for his actions. Magistrate Mifsud relented, saying that he had been about to jail the man but that in view of what Debono had said, would only be giving him an admonition for contempt.

The case continues.