A school van driver who was condemned to an 11-year jail term for repeatedly raping and sexually abusing an eight-year-old schoolgirl has had his conviction and jail term confirmed on appeal.
James Grech, then 24, used to drive the girl from school when the abuse took place 18 years ago, but the victim only broke her silence years later when she turned to a psychiatrist for help in 2014.
Later, when testifying in the criminal proceedings, the psychiatrist said the patient had been struggling with “great psychological problems” that triggered “pseudo seizures".
Those seizures started when the teen met her first boyfriend.
When police investigations kicked off, the teen described how Grech would drop her off home last, but not before taking a detour to a secluded field where he would park the van and approach her as she sat at the back of the van.
She gave details about seven episodes of abuse.
Grech denied all allegations but in October 2020, he was found guilty by a Magistrates’ Court of rape, sexual abuse as well as holding the victim against her will.
He was sentenced to a 12-year effective jail term.
Grech appealed and the Court of Criminal Appeal, which sent the case back to the Magistrates’ Courts for the victim’s cross-examination by the defence.
During those proceedings, the victim, now in her twenties, testified via videoconference. While Grech’s lawyers claimed that her account was “colourful” the court, presided by magistrate Claire Stafrace Zammit, had concluded that her version was true.
The young woman had recalled details of the abuse precisely because she had not yet got over the trauma, observed the magistrate, also taking note of what professionals had said about the victim.
The magistrate confirmed Grech’s conviction but reduced the punishment by one year after acquitting him of the accusation of having held the victim against her will.
Again, he appealed that judgment.
The details of this case are shocking - court
On Thursday, final judgment was handed down by the Court of Criminal Appeal, presided by Madam Justice Consuelo Scerri Herrera, confirming the conviction and the punishment.
“This court greatly deplores and condemns such kind of crimes which, in this specific case, caused the victim to suffer for many years until her body could take it no more,” said the court.
The accused, the court said, was an adult at the time and was expected to take care of the girl under his supervision. But he instead exploited her trust by sexually abusing and raping her.
“The details of this case are shocking to such an extent that violence was inflicted upon [the victim],” remarked the judge.
“For such reasons, the court did not deem that it ought to apply clemency in respect of the appellant who committed these macabre crimes.”
AG lawyer Etienne Savona prosecuted.