Defilement charges against grandfather dropped after inconclusive testimonies

A 59-year-old grandfather of two has been cleared of defiling his two grandsons after the court declared that the minors’ testimony was inconclusive, nearly 19 months after he was accused by the mother’s children.

The case dates back to 28 November 2012, when the mother of the children, who during separation proceedings lost custody of her two sons, alleged that her children were being subjected to pornographic films while at their grandfather’s home.

In addition the mother claimed that during a supervised visit at Appogg, her two sons, who at the time were aged six and seven years old, started kissing and allegedly told her that they had seen similar things while watching a movie at their grandfather's home.

The mother also claimed that the accused told his grandsons to watch pornographic films together and to take off their clothes.

The 59-year-old grandfather, whose name cannot be published by court order, was subsequently arrested on suspicion of defilement of minors. A police search had yielded several DVDs which contained sexual scenes, but court expert Cecilia Xuereb classified such movies as adult-themed and not of a pornographic nature.

Testifying, the accused’s 7-year-old grandson told the court that his grandfather had only been arrested due to his mother’s “lies.” Moreover, the 7-year-old boy claimed that neither he nor his brother had ever seen any pornographic movies with their grandfather. This testimony was seconded by the boy’s six-year-old brother, who in addition said such allegations were untrue and he was never indecently touched by his grandfather.

In its decree, the court held that even though the minors were asked what type of films they used to watch, they never mentioned any pornographic films. Moreover, when asked as to what constitutes a lewd act, the 7-year-old boy claimed that bloody scenes, rather than pornography, were tantamount to lewd acts.

Court psychologist Marika Busuttil argued that the minors’ answers were evasive and inconclusive as to what type of movies they saw and subjected to while at their grandfather’s home, and consequently called on the court to carry out further investigation.

Furthermore, the boys’ father, who is vested with the legal custody and legal representation of the boys, renounced criminal proceedings against his father.

Taking into account the minors’ inconclusive testimonies and the renouncement of criminal proceedings, all criminal charges were extinguished.

Inspector Kevin Pulis prosecuted. Lawyer Jason Grima was defence counsel.