Conflicting testimonies result in man’s acquittal of defilement charges

A 29-year-old man of Paola was acquitted of defiling, violently and indecently abusing a minor and threatening another man after court doubts the testimony given by the victim and his mother.

The case dates to 2001 when allegedly the accused had regular oral sex with his stepbrother. At the time, the alleged perpetrator used to live with his father, his stepmother and his stepbrother. The accused also spent time at St Patrick's, moved in with his grandmother and sometimes also lived with other relative.

Giving evidence through video conference the victim, today 20, alleged he was repeatedly enticed to the accused's room with the promise of being shown wrestling merchandise.

At the time, he was 7 years old.

"I left the institute I was living in after my mother got married. When I was around 9 or 10-years, I would go to his [the accused's] room to see wrestling stuff, but he would tell me to take off my trousers, place his mouth on my genitals and move his head," the victim said.

"He would also tell me to urinate in a bottle and drink it. The abuse happened twice weekly while our parents would be resting, and lasted until I turned 15. The door on the room was closed but never locked and I could have ran out of the room at anytime."

The young man said the accused moved out of the house when the accused fought with his father. The victim's mother left her husband and the relationship between the accused and the couple was thorny.

The accused's former stepmother took the witness stand and explained she had heard the accused had been charged of sexual abuse in a separate case and spoke about the case with her son.

Some days later her son told her what he had gone through when the four still lived together 13 years ago.

Another victim, the father of an 8-year-old boy who trained football at the Mosta Nursery alleged that in 2006, his wife received a phone call from the accused, telling her to send her son to the Floriana Nursery because he was talented.

The father spoke to the Secretary of the Floriana Nursery who warned him about the accused saying , "a number of children had problems with him."

He then called the accused and informed him they were not interested in sending their son.

Days later, the accused was seen outside the man's house. With the aim of handing proof to the police, the man started taking photos of the accused and an argument ensued.

"He tried to take my camera and also attempted to hurl a pot at me but he slipped. At one point he told me he'll brandish a pocket knife so I went back inside because I was afraid", the man said.

Choosing to testify in his own case, the accused claimed his stepmother had convinced her son to come up with false claims of sexual abuse.

"In 2007, she sent me various messages threatening me. She wanted to get her revenge over my father and me, and I have filed police reports over this. Due to the disagreements I had with her, I opted to go to St Patrick's, and would only go home in the weekends," the accused said.

He added that he had already moved out of the house during the time the alleged abuse took place.

In relation to the second charge, the accused explained how contrary to what was claimed he had gone to Mosta to do some shopping. In the afternoon he felt tired and parked in Triq ix-Xitwa to rest before continuing shopping. It was here that an argument ensued with one of the residents.

Magistrate Audrey Demicoli stated the law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice, however the burden of proof lies with the prosecution.

"It is the prosecution who has to supply evidence beyond reasonable doubt, but in this case the court remained doubtful as to the allegations of sexual abuse," the court said.

The Court considered that the allegation came to light at the same time the victim's mother was separating from the accused's father. Furthermore, in his testimony the alleged victim used words pertaining to a child who, unlike a 20-year old, has no notion of certain sexual acts.

"The biggest doubt was instilled when the defence brought evidence that the accused's mother-in-law had urged another woman to claim the man had abused her son, when this was a total fabrication."

However, in view of the second case, the court had no reason to doubt the 8-year old's father.

The court believed the reason why the accused was outside the man's residence was not because he had a break while shopping.

Yet a single incident does not constitute the offence of harassment.

Noting the offence of sexual abuse was not proven and there was no case of harassment, Magistrate Audrey Demicoli acquitted the accused of all charges.

Inspector Louise Calleja prosecuted while lawyer Roberto Montalto appeared for the accused.