Boċċi club sex video: Barman and secretary acquitted on all charges

The barman and secretary of a Luqa boċċi club that hit the headlines after a viral video emerged showing two people having sex in the bar area in front of other patrons have been acquitted of various charges in connection with the incident.

Bernice Fenech, 41, the secretary of the social club and 45-year-old Andre Attard, the barman at the time, were accused of letting the club be used for immoral purpose and of allowing immoral acts take place.

The pair were also accused of operating the bar without a license to serve food or play music.

Fenech faced additional charges including that of allowing Attard to act as a barman without a license.

The pair always denied wrongdoing.

The charges date back to the incident in September 2023, when a series of videos went viral on Facebook showing a man identified as “Feliċ” and a woman having sex at the boċċi club as a crowd of patrons clapped and cheered them on while drinking and dining.

The videos were eventually investigated by the police, and Mark Cachia Zammit, who allegedly filmed the incident, ended up charged separately in connection with the incident. He denies the charges.

A Malta Tourism Association (MTA) representative told the court they found no information about a license after mistakenly searching for ‘Bernice Pace’ instead of ‘Bernice Fenech’. It is not clear if the representative was asked whether they had searched for the person of the correct name.

A police constable from Paola Police Station testified that Fenech, who is the secretary of the club, paid the licence in February 2023. The Luqa boċċi club could open from Monday to Sunday between 5pm and midnight, according to the licence conditions.

‘Pair started undressing’

One man who was in the bar during the incident testified in June last year that he went to the club for a dinner organised by Cachia Zammit. He said Feliċ and a woman he did not know were present.

The man recalled how the woman provoked Feliċ and once the food was served that the pair started undressing and performing sexual acts. He also testified that on the day Attard was at the club, but Fenech was not around.

Another man also testified that he was present for the dinner and saw Feliċ and the woman having sex. He also testified that Fenech was not present on the day.

In his police statement, Attard explained that he was the barman at the Luqa boċċi club and had taken over the bar after paying goodwill to the previous barman.

Attard told police that Cachia Zammit had reserved the club for a dinner that evening. The accused knew Feliċ because he would go for a drink there and knew the woman from Luqa. That evening, the woman had asked Attard if there was an event at the boċċi club, but he asked her to leave since it was a men-only event.

Woman sneaked in

The woman eventually managed to sneak in when the people started arriving and while Attard was in the kitchen preparing food. Occasionally he would look at the customers from the kitchen and saw Feliċ doing some “senseless” things with the woman such as pulling up her skirt. But Attard told the police that they were not drunk.

When Attard returned behind the bar, he saw Feliċ and the woman getting on top of the pool table and he asked them to get down. Eventually the woman left, and he heard those present saying she was paid €200 to attend the event.

While Attard’s statement to the police was presented in court, Fenech’s was not.

During the final submissions, the prosecution said that they had questioned Fenech, who was the club’s secretary, and she informed them that Attard’s contract was terminated upon receiving the footage. The prosecution argued she should be found guilty of allowing Attard to work as a barman without a licence.

In Attard’s case, the prosecution argued that he was present for when Feliċ and the woman were having sex and was aware it was filmed, and that he should be found guilty.

‘Spontaneous’ act

The defence countered that it was a “spontaneous” act. Lawyer Joe Giglio argued that Fenech was not present when it happened while Attard tried to stop them.

He also argued that boċċi club does not fall within the definition of the article of the White Slave Traffic (Suppression) Ordinance, and that there was a lack of continuity in the illicit activities taking place.

The defence also argued that the information provided by MTA was on the wrong woman and there was no ID card listed down on the document.

The court acquitted the pair of the first charge noting that from the evidence it emerged that Fenech was not present and Attard was not found to be complicit in the act.

The court held that whether the sexual activity between the third parties was spontaneous or instigated, there was no evidence linking the accused to it. Moreover, Cachia Zammit was already facing separate criminal proceedings.

It also upheld the defence arguments that there was no evidence that they allowed for the boċċi club to be used for prostitution or immoral acts and Attard tried to stop them.

The court also acquitted them on the rest of the charges in the hearing on Monday.

Magistrate Nadine Sant Lia presided.

Lawyer Joe Giglio and Mattea Giglio assisted the accused.