Topless dancers in privé clubs not committing ‘immoral acts’
Magistrate says location, time and age group of club patrons determines the context of whether immoral acts are committed or not.
Lap dancer Rebecca Camilleri, 26 of St Paul's Bay was acquitted of immoral acts in public after police officers claimed she was dancing topless on a man's lap inside a club in Paceville.
In his judgement, Magistrate Ian Farrugia said the fact that Camilleri was topless inside a club did not constitute an immoral act when the location, the time and the age group of the people inside the club are taken into consideration. "It is not the competence of the court to decree if frequenting such places is good or not, that decision has to be faced by each individual according to his conscience," he said.
Magistrate Farrugia also held that the accused was performing in a club known for lap dancing. "There is no way someone can be surprised or scandalised by what they see inside as one would have entered such a place in full knowledge of what is inside," he said.
On 6 June 2012, at around 2:38am, the police raided the 'gentleman's club' Steam Bar during which visit PC1282 Dino Farrugia entered a private area to find Camilleri performing a lap dance on a foreign client.
The officer alleged that he had seen Camilleri's breast exposed, a statement corroborated by WPC89 Mariella Spiteri who added that Camilleri pulled her bra top to cover herself, and was wearing a 'see-through' item of clothing.
Taking the witness stand, dancer Rebecca Camilleri said that lap dancing only takes place inside a VIP area against payment, and that clients cannot touch her while she is dancing.
Defence lawyer Joe Giglio argued that crimes against morals had to be viewed within the context of time and place. "In a time when the country is overhauling its censorship laws, the police cannot impose their own set of 'morals' upon society," he said.
In commenting further on his judgement, Magistrate Ian Farrugia held even if the dancer had her breast exposed, that was not sufficiently "immoral nor scandalous", acquitting the dancer of all charges against her.