We're going to have a mighty fine Minister of Justice soon: 'if a 13-year-old is already corrupted, go ahead and have sex with her'
The Times, Friday, July 2, 2010
Man charged with defiling 13-year-old
A 31-year-old from Hamrun this morning pleaded not guilty to defiling and corrupting the 13-year-old best friend of his niece.
Defence lawyer Jose Herrera told Magistrate Joseph Apap Bologna that the girl was obsessed with his client and even tried to run away from home to be with him.
“However, you cannot corrupt somebody who has already been corrupted,” Dr Herrera said adding that the girl had previous sexual relationships and the relationship between her and his client was completely consensual.
Police inspector Melvin Camilleri said the lawyer was mistaken and this was the girl’s first sexual experience.
Magistrate Joseph Apap Bologna remanded the accused in custody because of the risk of tampering with evidence.
The accused is not being named to defend the identity of the alleged victim.
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Ghaziz Laburist li qed taqra dal-blog, ieqaf u ahseb.
Il-Partit tal-Haddiema, bl-istorja glorjuza tieghu, jixraqlu dan it-tip ta’ Deputati?
Il-klassi tal-haddiema jixirqilha bniedem bhal dan fil-Parlament, li jemmen li tista’ tmur mal-bniet ta’ 13-il sena qisu ma gara xejn?
Min hu t-tarka ta’ min? Herrera t-tarka tal-Haddiem? Jew il-Partit tal-Haddiema t-tarka ta’ Herrera?
Hemm bzonn li l-Partit tal-Haddiema jinbidel f’muviment veru tal-haddiema, tal-progressivi u l-moderati.
Jehtieg li jinzabar miz-zkuk mejta jew marradija. Min jemmen li torqod ma’ tifla ta’ 13, ma fih xejn hazin, mhux progressiv u lanqas mhu moderat. Min jemmen li m’hemm xejn hazin li Magistrat torqod mal-Ispettur tal-Pulizija meta hi mizzewga lil haddiehor (u anki kieku mhix), la hu progressiv u lanqas mhu moderat.
Min jemmen f’dawn l-affarijiet kulm’hu Opportunist u Rikkieb. Qieghed jirkeb fuq il-Klassi tal-Haddiema u l-Muviment taghha.
Laburisti ta’ Rieda Tajba: Warrbuh lil Herrera. M’ghandkomx xi triduh.
Kuragg! Warrbuh! U webblu lid-Deputati l-ohrajn jivvutaw fil-Parlament halli ohtu titnehha minn Magistrata. L-gharukaza hija kbira wisq.
Dan-nies qed ihammru wicc il-Laburisti kollha. Se jtellfu l-elezzjoni lill-Partit.
So am I right in saying that with the same line of defence Dr Herrera will imply that if a 13 year old already took drugs it will not be a more serious offence for a drug pusher to sell drugs to a minor?
It is terrifying knowing that there is a great possibility that Dr Herrera will truly be our Minister for Justice.
I hope that Dr Muscat follows this blog.
Mr Herrera’s line of defence is an obscenity. Sadly typical of the perverse exercising of supposed justice in Malta.
Unrelated to this issue. From The Times of today:
“A Saudi Arabian Airlines Boeing 747 jumbo jet was diverted to Malta this evening after three passengers was taken ill.”
Good Lord!
He’s a solicitor, and he’s only doing a job defending his client.
[Daphne – Solicitor?]
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts.
[Daphne – Yes, except that the Maltese legal system knows them as advocates, not solicitors.]
What Herrera means here is “l’appetito vien mangiando”.
Once a person has been corrupted once, it yearns for more of the same.
His line of argument is sheer heresy.
I wonder how he ever graduated in Law.
I don’t believe that criminal lawyers believe in the words they say in court to defend a client, believe me.
http://www.timesofmalta.com/articles/view/20110908/local/Lawyer-queries-mere-500-fine-given-to-man-with-colourful-criminal-record-.383720
A certain Buttigieg has Dr. Herrera as his lawyer. Last week he appeared before Magistrate Herrera.
I wonder if Jose’ is faithful to his wife – if “buon” sangue non mente, who knows if he does what his sister did to her husband?
I dont think dragging his wife intoh this matter would do any good to anyone.
Let’s keep everything above board.
I am not dragging in his wife. Just like Consuelo’s husband has not been dragged in.
What kind of contorted reasoning is this?
You don’t talk of a fraudster so as not to drag in the defrauded, or a murder so as not to drag in the murdered?
Heinous acts have an agent and an object. Whereas the act and the agent are of primary importance, the object is less important – and yet without object there would not be either agent or object.
So, will not discussing Mrs Herrera, can someone enlighten us on whether DR JOSE Herrera is a philanderer?
F——- sick…
Daphne
I think that at least in your subconscious, you agree with José Herrera:
http://daphnecaruanagalizia.com/2009/06/26/crazy-story-no-1/
I know, 16 is not 13, and he is stretching it by quite a bit, but legally he might have a valid point.
[Daphne – Absolutely not! There is the world of difference between a girl of 13 and a girl of 16, the world of difference. A 13-year-old is still mentally a child, and legally a child, too.]
Without any shadow of a doubt, the late Dr Guido Demarco brought up similar “unethical” arguments during his successful legal career, and still he served quite capably as Minister for Justice once he was elected to government.
[Daphne – You might think so. I have very different views, but will refrain from commenting.]
Two very apt comments, Daphne.
Too many people live in cloud cuckoo land.
You very rightly uphold the speech silver/silence gold maxim when indicated.
Disgusting! Amazing courts of justice!
I’ve always thought it was very hard for criminal lawyers to not get carried away and start reasoning like their clients. It’s what the Italians call ‘defomazione professionale’.
His line of defence implies virginity to be a virtue.
‘Vostro onore, la ragazza non era illibata…’
Kulma jonqsu jilbes il-coppola u jipprova jzewwighom.
Herrera also implies that a thirteen year old girl should assume all the responsibilities of an adult before a court of law.
I wonder what the Commissioner for Children has to say.