Issue link: https://maltatoday.uberflip.com/i/319158
maltatoday, WEDNESDAY, 28 MAY 2014 News 10 CHRIS MANGION A 35-year-old father who held a three-year-old girl in his arms whilst filming lewd acts with a woman, this morning faced a jury of nine as proceedings against him began. He was charged with raping his own eight-year-old daughter, keep- ing her against her will, subjection her to abusive behaviour, and de- filing her and another, unrelated three-year-old girl. The case goes back to 11 October 2006, when acting on reports filed by the mother of the older girl, the police closed in on the accused. The woman had alleged her husband had raped their daughter. Talking to investigators and social workers, the girl gave details of how her father used to perform lewd acts in front of her, touch his genitals with her private parts and have sex with her. The acts caused her pain and she would repeatedly attempt to make her father stop. Officers heard how it seemed that the accused drew pleasure and sat- isfaction from performing abusive and immoral acts with his daugh- ter. During the course of investiga- tions, the police retrieved a re- cording that the man had filmed in August 2006. The tape showed the accused engaging in sexual ac- tivities with another woman, while holding a three-year-old girl in his arms. Faced with this finding, the ac- cused had told investigators that the woman in the recording was not aware she was being taped. This morning, after the nine ju- rors and three reserves were chosen, the prosecution read the charges to the accused. The charge of violent rape on a minor of less than nine years by a parent carries a jail term between three and 30 years. For holding the girl against her will and subjecting her to abusive behavior, the jail term is between 13 months and five years. Furthermore, an imprisonment of between three and 12 years will be added if the man is convicted over committing lewd acts which led to the defilement, both physically and mentally, of the eight-year-old girl. The defilement of the three-year- old girl is punishable by an impris- onment of between three and six years. Lawyers Philip Galea Farrugia and Nadia Camilleri are prosecuting on behalf of the office of the Attorney General. Dr Joe Brincat is appearing for the accused. Due to the nature of the case, Mr Justice Michael Mallia ruled that the jury is heard behind closed doors. The court ruled that in the interest of protecting the two girls, the name of the accused, the victims and their hometowns could not be named in the media. A Gozitan minor was acquitted of charges of drug possession, with the court ruling that the prosecution failed to prove his guilt. The case goes back to 8 June 2013 when, acting on anonymous information, the Gozo police went to Gharb and found a car without number plates. Inside the vehicle were five youths, including the accused. Inside the pockets of the youth who was seated in the driver's seat, investigators found a film cartridge with cannabis resin inside it. Other pieces of cannabis resin were found on the back seat. Both the accused and the driver were ar- raigned, however the other youth emigrated to Australia and his case was put off sine die. Pleading not guilty, the accused took the wit- ness stand and explained that on the day of the incident, he was 15 years old. He recounted how when the police searched him, they found nothing. However he was taken to the Rabat Police Station and questioned. "Everyone was shout- ing at me: the police, my parents, the inspector. Officers were telling me that if I admit it would help my situation." He explained he was at his friend's garage and saw him smoke a joint, when he asked him to let him try it. "I wanted to experiment because I had heard it gives you a happy feel- ing." Asked by the court when he had last smoked cannabis, the youth replied, "earlier today". Both his mother and father corroborated his testimony. The mother told the court that she shouted at her son because she was under shock and over-reacted. The father claimed he entered the police station and heard the police shouting from inside the room. He described the shouting as frightening. "When my son came out of the room, he looked scared," he said. Officers giving evidence in the case con- firmed the youth was part of the group of five apprehended in Gharb. They also confirmed that searches on the accused gave negative results. Magistrate Neville Camilleri ruled that the prosecution had not exhibited enough evi- dence to prove that the accused, who was still a minor, was guilty of drug possession. The youth was acquitted. 35-year-old father charged with raping daughter Youth acquitted of drug possession Court orders company to settle debt THE First Hall of the Civil Court or- dered Greenstar Ltd to pay the sum of €91,778 owed to recycled waste collector GreenPak Coop Society Limited. In their civil suit, GreenPak ar- gued they were owed the amount by the defendant company. Originally the debt stood at €362,820 of which Greenstar Ltd had managed to pay €271,041. However the balance was never set- tled. The plaintiff held the amounts were owed for services rendered. Noting that the defendants, al- though served, had failed to ap- pear for the proceedings, Mr Justice Joseph Zammit McKeon ruled that Greenstar Ltd is indeed indebted to GreenPak Coop Society Limited. The company was ordered to pay the outstanding amount of €91,778. Conditionally discharged for damaging car IVOR Sammut, 37, of Nadur was conditionally discharged by the Gozo Criminal Court after he ad- mitted to damaging another man's property. Prosecuting Inspector Bernard Charles Spiteri told the court how in the early morning of 8 July 2013, the accused damaged a vehicle belong- ing to a certain Saviour Xiberras. The incident happened at Triq iz- Zirzieb, Xlendi, Gozo. Sammut was charged with damag- ing private property and relapsing. He admitted to the first charge. Presiding over the Gozo Criminal Court, Magistrate Neville Camill- eri, considered Sammut's guilty plea and handed him a year's conditional discharge. Republic Street, Valletta next to the Courts