Pensioner acquitted of sexually abusing girl, 12

A 65-year-old man from Żejtun has been acquitted at trial of having sexually abused a 12-year-old girl.

Madam Justice Consuelo Scerri Herrera dismissed the case against the defendant in a judgement delivered at around 7:30pm on Friday evening. The trial was held behind closed doors, and both the man's name as well as that of the alleged victim are subject to a publication ban.

The man had been indicted for allegedly engaging in sexual activity with the minor, a relative of his partner who regarded him as an “uncle,” in May 2021 inside his garage in Żejtun. The incident in question was supposed to have taken place after the girl had volunteered to go with the defendant to pick up some take-away pizzas for her parents, who had stayed behind at the defendant’s residence.

The child had later told her learning support educator that she had been sexually abused by the man and the matter reported to child support services, who asked the police to investigate. 

The defendant, who is a pensioner, had maintained his innocence from the start.

Although subsequently released on bail, the defendant’s stay in preventive custody had been extended after his partner had attempted to contact the girl’s family.

During cross-examination it had emerged that five weeks prior to the incident, the girl had “jokingly” made similar allegations about her father.

Amongst other things, the man’s defence lawyers had argued that the police had not followed the guidelines established in the Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, also known as the Lanzarote Convention.

In the judgement, acquitting the man, Madam Justice Scerri Herrera said she had found it hard to believe the girl’s account, pointing out serious shortcomings in the police investigation, which had left out important evidence.

The court observed that the defendant’s version of events had been credible and consistent, unlike that given by the girl which had changed more than once. Her story had changed with every telling of it. 

The court also noted that the child had demonstrated a vivid sexual imagination as well as having started being sexually active at age 12, with an even younger boy.

Lawyer Darlene Grima prosecuted. Lawyers Arthur Azzopardi and Ishmael Psaila were defence counsel.