Man charged with sexually abusing young girls, pleads not guilty

The alleged abuse took place 10 years ago

A 40-year old delivery man was remanded in custody for sexually abusing two girls who were minors when the alleged offences took place some 10 years ago. 

A report had been filed at the Ħamrun police station in January last year by the girls’ parents who alleged that while staying at the grandparents’ home at Marsa, the minors had been sexually abused by the man who, at the time, was their aunt’s boyfriend.

Those allegations dated back to between 2009 and 2012 when the girls were under 15.

The alleged victims are today 16 and 17 years old, the court was told. 

The suspect was never questioned by police but the allegations sparked a magisterial inquiry. 

On Wednesday, the man, who lives in Rabat, was arraigned under arrest and charged with defilement, engaging in sexual acts with the minors, forced them to witness such sexual behaviour and subjecting them to explicitly sexual activity.

The accused pleaded not guilty.

A request for bail was objected to by the prosecution in view of the fact that the girls’ version had to date never been preserved under oath.

Although their parents and other civilians had testified in the inquiry, the girls had spoken to court experts but not under oath, the court was told. 

And although the report had been filed over a year ago, it was only now that charges had been officially pressed against the suspect.

However, defence lawyer Jason Grima, rebutted those objections and painted quite a different picture.

The accused had known all along about the police report because the girls’ father had approached him and told him everything “from A to Z”.

In fact, the accused himself had lodged a police report about threats he was allegedly facing from the girls’ father and criminal action had been taken against the father.

The accused had then dropped his complaint but the father was bound under a court order not to approach him, went on Grima. 

“So if anything it’s the risk of the family approaching him, rather than the other way round.”

The accused had a perfectly clean criminal record, had categorically denied all the allegations when questioned by police and had also supplied such details that showed that the alleged acts could not have possibly taken place. 

Moreover, he cared single-handedly for his elderly mum who had no one else to turn to and had a valid third party guarantor for bail purposes. 

That guarantor was the accused’s sister who took the witness stand confirming that she could “vouch” for her brother and was willing to step in “100%”.

After hearing submissions, the court, presided over by magistrate Rachel Montebello, turned down the request for bail after taking note of the young age of the alleged victims and the fact that they had not yet testified under oath. 

The court upheld a request by the prosecution for a ban on the name of the accused in light of the fact that he had been in a relationship with the girls’ aunt and so their identity could be traced. 

Inspectors Andy Rotin prosecuted, assisted by AG lawyer Darlene Grima.