Issue link: https://maltatoday.uberflip.com/i/304008
maltatoday, WEDNESDAY, 30 APRIL 2014 News 6 PAGE 1 VG told the commission that there was no education at the school. "Instead he was put to work, beat- en with leather straps and sexu- ally abused. The man described seeking solace in a confession to a Maltese priest after he resisted a violent sexual assault and was beaten so badly he was hospitalised for weeks." He also reported the physical and sexual assaults to staff at the nearby Mullewa hospital, "but this led to a summons to Brother Simon's office and yet another brutal beating". VG said that Brother Simon, whom he described as a "huge man", called him over to his 'lion's den' – he told the hearing that Brother Simon pulled down his trousers then shoved his finger up his backside. He then pushed him down on him. "I felt an agonising pain in my backside, then I realised that it wasn't just his finger. He was hurt- ing me and squeezing my hand to my chest. I somehow managed to get free and got hold of a chair and hit him with it." VG said he was then hit by a strap across his head. He next woke up in Mullewa hospital with a needle in his arm and bandages over his head. He also remembers his back- side hurting. Later he learned that Matron Barden was the sister of Monsignor Barden, who used to visit Tardun regularly. Upon his return to Tar- dun, Brother Simon beat him so badly that he could no longer feel the lashes against his skin. VG's experience at the agricultur- al school got progressively worse. Besides the constant abuse by the brothers, at 16 he was essentially 'pimped' out to a local farmer, who was a friend of Brother Simon. VG said at first he thought this would be a relieve from the life he had endured but in reality it was worse. He was stuck on this farm with a man who tried to rape him on several occasions. "It seemed suicide was the only option," VG told the hearing. "I had already planned how I would do it. I jumped from a trailer with a rope around me neck, but the rope was too long." VG also told the hearing that he was involved in the class action instigated by law firm Slater and Gordon and claimed he was never told how the process worked. He was disappointed with the pay- ment which was around $6,000. He said he was also upset about the $45,000 payment he received from Redress WA. But the real "issue" for him was to "punish those who are respon- sible". "I lost my childhood, lack of fam- ily life, lack of education," he told the hearing. "I am self educated. I only finished primary school. I don't believe in God anymore which is difficult because my wife is very religious. "I have been driven to suicide around the Senate inquiry, cut my wrists, overdosed. I have night- mares that don't go away. This trauma has taken my life." The hearing, which is examin- ing the responses of the Christian Brothers and successive WA gov- ernments to allegations of child sex abuse at Bindoon, Clontarf, Castl- edare and Tardun institutions, continues. 'It seemed suicide was the only option… I jumped from a trailer but the rope was too long' German bank awarded close to €2 million CHRIS MANGION GERMAN bank Commerzbank Ak- tiengesellschaft was authorised to withdraw the sum of €1,991,421 de- posited at court, following the sale by auction of MV Emma Sophie, formerly known as MS Sophie Bolten. The case dates back to 2 January 2008 when the owners of MS Sophie Bolten pledged to sell the vessel to German firm Orange 10 GmbH for the amount of €17,620,420. Commerzbank issued a mortgage of €24,401,811 to cover the sale of the Liberian-registered vessel. The sale happened on 18 November 2011, and the vessel's name was changed to MV Emma Sophie. However shortly after the purchase, the Orange 10 went into liquidation and the German bank claimed the mortgage amount. The ship was sold by auction in Malta and the amount of €1,991,421 were deposited at the Mal- tese Courts on 20 March last year. Lawyer Ann Fenech, on behalf of Commerzbank filed a claim at the Civil Court requesting to withdraw the owed amount. Five months later the Civil court granted Fenech the right to withdraw €1,891,421, as Malaysian company General Shipping Ltd, had also filed a claim over the amounts. Representing the Malaysian regis- tered company, lawyer John Bugeja claimed his client was owed €62,026 for services provided to MV Emma So- phie between 8 March and 24 Septem- ber 2012. Yet, during the proceedings no evidence was exhibited proving that money was owed to General Shipping Ltd Mr Justice Joseph Zammit McKeon ruled that while Commerzbank has exhibited documentation as proof of the mortgage payment owed to them, General Shipping Ltd had failed to fol- low suit. Thus the Judge ruled that the Malaysian has no legal claim over the amount deposited at court, and ordered that Dr Ann Fenech, on behalf of Com- merzbank Aktiengesellschaft with- draws the full amount of €1,991,421 in favour of the German bank. Notary cleared of deceiving client NOTARY Pierre Falzon was ac- quitted of gaining benefits through forged documents and deceiving his client Concetta Agius, after a court found no evidence brought forward to substantiate the client's claim. Back in 2009, Concetta Agius filed a police report claiming that on 12 December 2006, the notary had drawn a contract of sale, effec- tively transferring property at Triq l-Ajkla, Marsa to the claimant's brother Vanni Agius for the price of €23,294 (Lm10,000) when she had simply asked him to draw a will. After investigating the case, in- spector Ian Abdilla instituted pro- ceedings against the notary. While not challenging the fact that she wanted to transfer the property over to her brother, the claimant argued that she wanted to do this after her death. "I told the notary to draw a will not a contract of sale," Agius told the court. The contract was drawn at the claim- ant's residence but she did not sign any documents on the day. Subsequently, her brother Vanni Agius and his partner Doreen Ab- dilla took her to the notary's office. The claimant informed the notary that she wanted to pass the prop- erty over to her brother after her death. Vanni Agius was then to sell the property and share the profits between all siblings. While Cettina Agius was recov- ered in hospital, in November 2007, her brother Nenu Agius came to stay at her residence together with her other brother Vanni Agius. However, following an argument between the two brothers, Nenu Agius was thrown out of the house and his brother changed the locks. When the sister was discharged from hospital she only gained ac- cess to her home with the help of police officers. Once inside, she found that her electricity supply had been sus- pended, her debit cards had been used and cash had gone missing. In 2008, Vanni Agius, sent a let- ter to his brother and sister saying they had no claim on the residence as it was his. Checks showed that a contract drawn on 12 December 2006 by notary Pierre Fazon had transferred the property over to the brother. Taking the witness stand the ac- cused explained that neither Cet- tina Agius nor her brother Vanni were regular clients of his. "They called at my office in De- cember 2012. I understood that the sister wanted to transfer the house to her brother but reserved the right to keep living there until she dies. I needed further documentation and to save Concetta Agius the trouble of calling at my Valletta office she signed a power of attorney to my clerk. The following day, Vanni Ag- ius called at my office and signed the contract," the notary said. The court presided by Magistrate Doreen Clarke noted that three charges appeared on the police ci- tation. These were forging of a pub- lic document, breach of official du- ties, and committing an offence he was duty bound to prevent. A note filed by the Attorney General in- cluded the charge of misappropria- tion, however the magistrate ruled that since this was not included in the original charge sheet, the court would not take any note of it. Magistrate Clarke ruled that the prosecution's claim that Notary Falzon drew a false declaration because Cettina Agius wanted to draw a will and not a contract of sale, was not proven. The court ac- quitted the notary of all charges. On 5 February last year, Mr Jus- tice Joseph Zammit McKeon re- jected a civil claim filed by the same Concetta Agius against her brother Vanni Agius. In his judgement, Judge Zammit McKeon noted that on 3 September 1987, Concetta Agius had drawn a will appointing her brother Vanni as her only heir and owner of her belongings, which would pass to him after her death, as long as he remains a bachelor. "Since 20 years prior to the De- cember 2006, the claimant had already drawn a will in favour of her brother, there is no reason why she needed to draw another will. The court finds that the event as recounted by the claimant are not credible. Furthermore, based on the evidence of notary Pierre Falzon, if the claimant had requested a will, there would have been no need for a power of attorney, as the will would have been drawn on the day. It was only a contract of sale that called for the documents to be signed the following day since the notary had to check further documentation," the judge said. The Civil Court threw out the request of Cettina Agius, holding that the only credible testimony in the case was that given by notary Falzon. The court also ordered that the claimant pays all court related expenses. In both cases, lawyers Michael and Lucio Sciriha appeared for no- tary Pierre Falzon. 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