Nigerien jailed for defiling ex-partner’s 9-year-old daughter

A Niger-born Msida resident has been jailed for four years after he was convicted of defiling his girlfriend’s nine-year old daughter.

Magistrate Audrey Demicoli heard how the 23-year old man had been arrested in March 2014, after his ex-girlfriend had gone to the police, having heard her young daughter tell her that the man had put his hand underneath the girl’s clothes and asked her to kiss him on the lips.

The court was told that the mother was no longer in a relationship but had still been on good terms with the accused, when he had visited her apartment to ask about some clothes which she had ordered for him from eBay.

The mother had instructed the girl to open the door, let the man in and tell him that the mother was asleep.

The abuse had taken place whilst the daughter was alone in the living room with the accused. The mother had become suspicious when she stopped hearing voices from the living room, throwing the man out of the apartment when she learned what had happened. A police report was then filed.

During his interrogation by police, the accused had categorically denied the accusations, claiming that he had sat on the sofa, when the woman told him to leave the apartment for no apparent reason.

He told the police that on that day, he had decided to sleep at the mosque and that when he eventually went home, his friends had informed him that the police wanted to speak to him.

The man was charged with defilement of minors, taking part in sexual activities with minors, with the aggravating factor that he was living with a member of the minor’s family and violent indecent assault, aggravated by the fact that it was carried out upon a vulnerable person.

The girl had testified via video link, telling the court how the accused would visit the apartment around once a week and spend his time there playing with her and talking to her mother.

On the day in question, however, after the minor had told the man that her mother was asleep he called her a liar and she then let him in. He had sat down on the sofa and asked the child to sit on his lap. Whilst she was there, the accused began fondling the girl, ignoring her pleas to stop. At a point, the mother, noticing that it had suddenly gone quiet, had called the land line from her bedroom. The girl informed her parent that the accused was still in the apartment and tried to whisper that he had touched her inappropriately, however the mother did not understand what she had been saying.

The minor explained how, after hanging up, she had gone back to the living room, picked up her skipping rope and tried to start playing but the man had pulled her over and resumed where he had left off.

It was then, the court was told, that the mother had rushed in and proceeded to throw the man out, telling him to “find a woman his age.” He had not uttered a word while she did so, said the girl.

Having evaluated the two versions and observing the girl’s body language, Magistrate Demicoli said she was morally convinced that the victim’s version was trustworthy. She expressed serious doubts as to the reason the man gave decision as to why he had spent the night at the mosque rather than go home, why he had been thrown out of the house and why he had failed to return to pick up his mobile, which he had left behind.

The man was condemned to four years imprisonment. A protection order was issued in favour of the girl and her family.

Police Inspectors Sylvana Briffa and Alexander MIllo prosecuted.