Libyan accused of Paceville rape 'had love bite on his neck', court told

A court has been told that a Libyan man charged with the rape of a Hungarian woman in Paceville earlier this month, had a 'love bite' bruise on his neck.

Ezzedin Salem Elaoud, 26, an asylum seeker from Tripoli, is accused of the rape and assault of a 27-year-old Hungarian woman in Paceville on 6 February. Elaoud is also charged with attacking the woman and causing her slight injury. He is denying the charges.

This morning, forensic pathologist Dr. Mario Scerri testified before magistrate Antonio Micallef Trigona. Scerri had examined both the alleged rapist and the woman some hours after the incident.

During his examination, the woman had told him that she had been in Malta for four weeks. She had recalled dancing at a Paceville nightclub, before “having a few drinks.” She could not give an explanation as to how she had ended up at a man's Paceville flat, he said.

The woman claimed to have woken up in the unfamiliar apartment. At some point after that a man called James, who is not the accused, had slapped her, she said. The woman told Scerri that she had eventually escaped from the flat but could not recall any further details other than that she had run out of the flat, calling for help. Neither could she remember whether she was clothed at the time of her escape. 

Medical tests had shown that intercourse had taken place, said Scerri, but added that no traumatic lesions usually associated with rape cases were seen on the woman's genitals. "There were no external signs of forced penetration. This implies that there was either no forced penetration or there was full cooperation."

The medical examination had noted bruises near her left eye, on her right shoulder and on her elbows, as well as a scratch on the back of her arm. Scerri also reported that the woman a large love bite on her neck and a facial bruise, compatible with a slap, were present. 

He added that the woman had claimed to suffer from a form of bipolar disorder but added that he could not confirm this diagnosis, as this was outside his remit.

The woman's blood alcohol level had been tested upon admission to the emergency department and was found to be very high, said Scerri, pointing out that she had insisted that she had drunk only half a bottle of sparkling wine before going out.

The accused had also been examined, Scerri said. Elaoud had sustained a bruise to his lower lip and also had a visible love bite on his neck. DNA samples were taken as per protocol, the court was told.

Police Inspector John Spiteri, cross-examining, asked Scerri what the absence of vaginal bruising implied. Scerri replied that this implied that the sex act was not forced but as to whether the victim had cooperated lucidly, he could not say.

“If she was not conscious she could not offer any resistance,” said the expert. The court was then told that the woman had claimed to have woken up mid-sexual congress, finding the accused on top of her.

Answering a question by Legal Procurator Quentin Tanti, who is appearing parte civile for the woman, Scerri said that the doctor who had examined her at the emergency department had reported her as compliant and having a strong smell of alcohol on her breath.

The compilation of evidence will continue next week.