Couple cleared of ‘instilling fear’ in eight-year-old girl

Horace and Dorianne Caruana were cleared of charges of harming and threatening their daughter by Mr. Justice Lawrence Quintano who presided over the Court of Criminal Appeal.

Both were acquitted of having injured the Caruanas' eight-year-old daughter, and instilling fear in the child.

The two had were previously found guilty of the charges by a Magistrates Court, but appealed the judgement.

The investigation was launched by Police Inspector Graziella Grech who acted on suspicion that the girl was being shown pornography at home, but the Caruanas were eventually charged with 'instilling fear' in the girl, and hurting her.

Evidence in court had shown that there were some videotapes showing the minor crying as she objected to being filmed. One of the tapes also showed the girld being mildly hit with a wooden spoon by her mother, and once by Horace Caruana. But this was not judged as abuse by the Court.

The Court noted that the wooden spoon was only used as a disciplinary tool to encourage the minor to eat.

Hearing the minor in his Chambers, Judge Quintano ruled that there was "ample evidence" to show she was deeply loved both her mother and Horace Caruana.

The girl expressed herself longing to see her mother, and never expressed any fear of her mother or her partner.

In his ruling, Judge Quintano said that the Court condemned all forms of physical punishment, adding that children should never be subjected to things they don't like doing, even if it was an innocent excercise of filming the child.

The court noted that the wooden spoon was used just once to chastise the minor, proving that that the requirements at law for the offence to exist were not fulfilled. 

Judge Quintano acquitted both the accused of all charges.