TRIBUNAL OF VERONA OFFICE OF THE JUDGE OF THE PRELIMINARY HEARING

No 5237/15 R.G. notizie reato

No 16/111 R.G. G.I.P

TRIBUNAL OF VERONA

OFFICE OF THE JUDGE OF THE PRELIMINARY HEARING

The Justice, Luciano Gorra found:

That the apparent superfluous nature of the themes of investigation presented by the complainant (Comboni Missionaries acting as the Legal Guardian of Padre Romano Nardo) – was nothing more than a re-run of the matters they had already stated during the original hearing of the complaint – and that that (the absence of any new evidence), in itself, makes the case of the complainant inadmissible (in this preliminary hearing that has been convened following an  appeal against dismissal by the Comboni Missionary Order).(It is confirmed, therefore,) that the Prosecutor’s original request (for dismissal following the original submission) appears to be reasonable, but nevertheless must be fully understood for what it is. (See the following):

Of consideration is that, in particular, the first time Mark Murray (the Victim of alleged abuse by Padre Nardo) entered the Missionaries Centre, where the interview took place with Padre Romano Nardo with (Murray’s) objective of video-recording the event, he (Mark Murray) was duly authorized entry by the concierge staff (and thus trespass cannot be alleged). Similarly, in relation to the subsequent visits by Murray to the house of the African Missionaries where Padre Nardo was hospitalized, Murray’s intentions were only to have meetings regarding the complainant (Padre Nardo) that the Victim (Mark Murray) had said had sexually abused him 45 years before at the seminary – thus ruining his life.

Murray was instructed to leave the institute at one point (by the Vice Superior) and an additional member of the Religious Community (believed to be a lay member of the Order) was called to ensure that he (Mark Murray) left. Despite the alleged difficulty they (the Comboni Missionaries) had in ensuring that Murray left the premises, the substantive ingredients necessary to prove an offence under Article. 612 were not substantiated by the complainants (the Comboni Missionaries). Moreover, these issues were related to (three) individual episodes that occurred in a very short period of time and were thus devoid of any known habitual pattern (that would indicate an offence of stalking).

Murray’s actions, moreover, were justified (and thus interfering in the life of Padre Nardo cannot be alleged) by his intention to personally express the degree of his suffering that was caused (in the first instance) by the alleged sexual harassment. His actions were also justified (in the second instance) by his (Mark Murray’s) willingness to forgive (and his actual forgiveness of) the alleged perpetrator (Padre Nardo) of that original alleged abuse .

The Judge of the Preliminary Hearing

LUCIANO GORRA  (Signature)

VERONA 14TH SEPTEMBER 2016

(Translated and paraphrased for understanding by Brian Mark Hennessy. Italic Words in parenthesis have been added to assist those unfamiliar with the case with their understanding of the events).

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