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Father David Muscat Found Guilty Of Hate Speech Over ‘Gayyagni’ Comment, Handed Suspended Prison Sentence Handed

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Father David Muscat, a Mosta priest who made offensive remarks on social media, has been found guilty of hate speech and handed a suspended sentence on appeal.

In this morning’s ruling, Judge Edwina Grima overturned the priest’s initial acquittal and upheld the appeal filed by prosecutors, deeming his comments as hate speech. 

Muscat had claimed that “gayyagni” was worse than being possessed by the devil, in a comment on Facebook. 

Muscat was arraigned in January 2022 and charged with incitement to hatred or violence following his comments on Facebook about murder suspect Abner Aquilina.

Muscat suggested that Aquilina was gay, bisexual, or possessed by the devil, asserting that “gayyagni” was worse than being possessed. The allegations against Aquilina involve the rape and murder of Polish student Paulina Dembska.

Initially, a magistrate’s court dismissed the case against Muscat, contending that the priest had not intended to incite hatred or violence, but rather was expressing his opinion. However, the Attorney General’s office filed an appeal, leading to a subsequent review of the case.

Upon careful consideration of the appeal, the court of appeal, presided over by Judge Edwina Grima, overturned the initial verdict and upheld the prosecution’s appeal.

Grima determined that Muscat’s comments amounted to hate speech and were in violation of the law. She concluded that the priest’s intention to incite hatred or violence could not be ignored, especially considering the seriousness of the ongoing trial involving Aquilina.

Following today’s ruling, Muscat was handed a six-month prison sentence, suspended for two years. The suspended sentence implies that Muscat will not serve jail time immediately but will be subject to probationary conditions.

This sentencing sends a clear message that hate speech will not be tolerated, and those found guilty will face consequences, even within the confines of a suspended sentence.

The court’s decision to overturn Muscat’s acquittal and impose a suspended sentence carries significant implications. It underscores the importance of accountability for hate speech, regardless of the individual’s professional or religious standing.

This ruling sets a precedent for future cases involving hate speech by religious figures, highlighting the need for responsible communication and respect for diverse communities.

Moreover, the judgement emphasises that freedom of speech does not extend to promoting or inciting hatred or violence.

While individuals have the right to express their opinions, it is essential to recognise the boundaries of responsible discourse and avoid causing harm or spreading prejudice.

This ruling serves as a reminder that even individuals in positions of authority and influence must exercise their freedom of speech responsibly, respecting the rights and dignity of all individuals. 

What do you make of this verdict?

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Mario enjoys reading, cooking, the art of film and travelling. A man of this world, he believes that the earth needs more equitable distribution of assets and resources - and way more seafood platters. Contact him via email at [email protected]

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