Court again calls for regulations for lap dancing clubs

Two men involved in the running of a gentleman's club in Paceville were acquitted of running a brothel when a court ruled that an immoral act does not necessarily constitute a criminal offence.

Magistrate Natasha Galea Sciberras again called for regulations to be imposed on the so called 'gentlemen's clubs' industry.

Joseph Zammit, 38, of Pietà and Duncan Fenech, 36, of Attard, were charged with running a brothel at Private Gentleman's club in Paceville.

In October 2011, Police Superintendent Stephen Gatt, formerly in charge of the St Julian's District, raided the club where employee Daniela Dinu was found naked and straddled over a patron.

Parton Reno Zammit told the court that he had gone to the club with two friends, and that he was approached by a woman inviting him to a private dance during which she would remove her bra. Zammit accepted, gave her €50 and went behind a curtain. Moments after the dancer took off her bra, the police interrupted the entertainment.

Dinu took the witness stand, saying she was employed by Private as a dancer. She had already performed two table-top dances for the same patron prior to being arrested. "I was trying to get him to pay for a third dance so I opened my bra and showed him my breasts. At this point the police cut my dance short, but I still had my bra on," she said.

The witness said the club's management had never given her any rules or guidelines for her performances and her actions were based on her own decisions. "No one, not even the two accused, ever forced me to do anything and I decided to open my bra because I wanted to. I am not a prostitute and never performed paid to have sex inside the club."

Dinu stated she was self-employed, but contracted by the accused Duncan Fenech, however had never seen co-accused Joseph Zammit.

The club had a door policy only allowing persons over 21 years of age inside. The owners said their security personnel ensured the age restriction is followed at the door. The warning was shown at the door and on every beverage list inside the establishment. Club staff guaranteed the dancer's safety and no touching was allowed during performances, whether private or on stage. Patrons pay around €20, which is equally shared by the dancer and the management.

Taking the witness stand, Duncan Fenech confirmed he was the club's manager and was inside the club during the police check. Another two men, Douglas Axisa and Mario Spiteri, helped in the running of the club. Fenech corroborated the dancer's version, saying she was self-employed and had a valid work permit. This was also confirmed by an ETC representative.

The court was informed by an MTA officer that the substitute operators of Private Gentlemen's Club were Anthony Borg, Mark Bugeja, Joseph Zammit, Mario Azzopardi, Dustin Caruana and Jacqueline Camilleri.

Quoting previous cases, Magistrate Natasha Galea Sciberras said today's society permits such realities which have become part of life, however this does not mean immoral acts have become moral.

"While a woman provocatively modelling with barely any clothes on, cannot be seen as moral, the club had a strict door policy and only those over 21 could enter the premises fully aware of what to expect inside"

Further more the court held an immoral act does not necessarily constitute a criminal or illegal offence, but legislation should be immediately enacted to adequately regulate the industry and protect people from abuse and exploitation.

Inspector Nikolai Sant prosecuted while lawyers Joseph Giglio, Shaheryar Ghaznavi and Robert Galea appeared for the accused.