Mother charged with perjury, placed under bill of indictment

A mother, who pushed her daughter to allege at court that she was defiled by her father, was placed under a bill of indictment, with the court hearing that the only two times the mother visited her ailing son at the Rainbow Ward, police officers had to be brought in to escort her out.

Inspector Sandro Camilleri was giving evidence in the case that sees the woman accused of perjury in a case in which her former husband  was charged with defiling their daughter. A Constitutional court last week granted him a temporary release from detention.

The inspector recounted the shocking story which he was told by the staff at Rainbow Ward, were the couple's son was recovering. The ward staff said that the child's father visited every day together with his other children however the mother only went to the ward twice.

"I was told those were the only two times in the ward's history that the police were called to escort a visitor out", the witness said.

Speaking to the boy, the officer learnt how the children were made to sleep in the street while their mother took in other men. There were 18 instances when the children ran away and the mother filed police reports over this.

Chaos had erupted during the boy’s funeral, when the daughter went to kiss her father and apologise for her previous actions.

The inspector had then called on Magistrate Consuelo Scerri Herrera, who issued a warrant of arrest for the daughter.

"After minutes in the police lock-up, the girl told the police that she had lied under oath and her father had neither raped her nor defiled her.

“We cautioned her but she reconfirmed her story and insisted that the mother would push her children and tell them what to testify against her estranged husband.

“The magistrate was informed of all this and the daughter was questioned under oath, as part of the magisterial inquiry", Inspector Sandro Camilleri explained.

Based on the daughter's words, the court ordered the mother's arrest. "When my men went to arrest her, they informed me that the woman was inside her residence but failed to open the door.

The Magistrate wanted her arrested at all costs - even if it meant breaking the door down. However the woman's partner eventually opened the door. After moments of hostility between the woman, her partner and the police, she was taken to the police lock-up".

The woman told investigators that the daughter's tale was another lie. She also denied filing police reports about her children. She denied making the 18 police reports filed when her children ran away.

Lawyer Tonio Azzopardi, representing the estranged husband, asked the witness to update the court about what transpired following the conclusion of the inquiry. However, defence lawyer Martin Fenech objected, saying, "I will not permit a retrial. I wont allow a lawyer to hijack my client". Fenech claimed that such questions were not relevant to the case.

Azzopardi rebutted, saying that he would not permit another lawyer to voice such allegations against him.

The court ruled that the question was marginal, yet allowed the witness to answer. Inspector Camilleri said that following fresh evidence, the Constitutional Court presided by Mr Justice J.R. Azzopardi issued a temporary release order for the father.

In his submissions, prior to the court ruling for prima facie, Martin Fenech, quoted the Criminal Code, saying, "a confession can only be evidence against the person who makes it". Based on this, the evidence given by the daughter could not be used as evidence against the mother at primea facie stage.

Moreover, witnesses like Peppi Azzopardi, Fr Hilary Tagliaferro and medical staff who gave evidence during the inquiry were based on hearsay and not direct evidence. This means there is no prima facie evidence against the accused.

"Peppi Azzopardi breached all constitutional rights by making the girl issue statements on television. All this evidence should be thrown out. The court should consider the process verbal without the daughter's version.

“The court cannot place the mother under a bill of indictment. The courts should instead drop the charges and close the case against my client, once and for all", he said.

Azzopardi submitted that in the criminal proceedings against the father, the evidence was exactly the same, until the inquiry. "What changed were the acts of the inquiry, which showed that evidence given by the daughter was her mother's fabrication".

The guilt in the criminal proceedings will now be seen under a new light, based on the girl's new evidence. The court is faced with enough evidence to conclude that the prosecution has sustained a prima facie case against the accused.

"The inquiry has presented the court with legally acquired evidence. The defence is confusing various concepts of law. The evidence given by the girl changed everything.

The accused was given the same opportunity during the inquiry, but she kept denying the facts. The daughter did not simply say she lied, but claimed it was the mother who made her do this", Azzopardi concluded.

Magistrate Ian Farrugia ruled there is enough evidence to put the woman under a bill of indictment.

The court denied bail to the accused Lisa May Camilleri, arguing the charges are very serious and fearing that evidence could be tainted.

The case continues on 23 July.