Gozitan man cleared of sexually harassing tourist

A 26-year-old man from San Lawrenz, Gozo, has been cleared of public indecency charges in connection with an alleged performance, last July, of lascivious acts in the presence of a female tourist after a court held that it had been shown insufficient evidence to convict him.

Police had investigated a report, made by the woman at the Victoria police station, in which she had claimed that she had been sexually harassed whilst walking in the vicinity of Dwejra tower.

The woman had told police that a shaven-headed man, who she estimated to be in his thirties and who was wearing a white t-shirt, had called out to her. Ignoring his solicitations, the woman walked on, only for the man to catch up with her in his car in the nearby car park. The man had invited her to get into his sticker-bedecked and oddly painted car with him, but she had declined his offer and the man drove off.

Further up the road, she said, the car made a U-turn and stopped at the side of the road. As she approached the area, the woman heard suspicious noises emanating from a cluster of shrubs. Turning towards the noise, the woman said she saw the accused “pleasuring himself whilst looking in her direction.”

Terrified, she had made a beeline for the village of San Lawrenz and did not see the man again.

The accused, who is on probation and undergoing therapy for an undisclosed condition, had released a statement explaining that he had gone to Dwejra that morning to check on two fishing nets which he had previously set up there. He had made his way up the road after noting that his catch was smaller than he had hoped for, explained the man.

Asked about the alleged incident by the police, he denied approaching any foreign women, although he said that he had seen several couples on the bay. He “didn’t do these things,” he said.

Magistrate Joanne Vella noted that the woman’s version of events was believable because there was no reason for a tourist enjoying her holiday to come up with such a story and chase the police to take action.

However, whilst it was established that the woman had seen the accused at the parking lot under Dwejra tower and had seen him get into his easily identifiable vehicle, this behaviour did not constitute harassment and added that there was nothing linking the man in the bushes with the accused.

Magistrate Vella chided the police, saying that they could have made an effort to collect some circumstantial evidence, or to photograph the scene.

The court held that the case was not proven beyond reasonable doubt, as required by law, and declared the accused not guilty.