Chef denies raping his employee, but woman indicates she may drop the charges
Court hears alleged victim is suffering from PTSD following a previous rape
A 30-year old chef has been denied bail after pleaded not guilty to raping his employee as a court heard the victim might drop the charges.
The man, who was arrested on Wednesday, was accused of raping the woman, committing non-consensual sexual acts, and harassing her, as well as causing her fear that violence would be used against her.
Police inspector Ian Azzopardi explained that on December 16, the woman filed a police report against the man alleging rape.
She was taken to Mater Dei Hospital.
Police inspector Wayne Buhagiar said the woman indicated she may withdraw the criminal complaint, as she told police she had been raped before and suffered from PTSD.
Defence lawyer Mario Mifsud requested bail but prosecutor Cynthia Tomasuolo objected, highlighting the serious nature of the charges adding that the alleged victim had not yet testified.
Mifsud countered that the prosecution had the duty to summon the alleged victim during the arraignment since she may drop the charges. He also highlighted that the accused's relatives were present in the courtroom and the man had no previous convictions.
The court denied the man bail noting that at an arraignment stage it does not deal with the merits of the case. It also observed that the alleged victim has not yet formally requested to withdraw the criminal complaint, and in any case, such a request is decided upon by the courts according to the circumstances of the case and is not automatically upheld.
It also observed that the proceedings were still at an early stage and there was a real risk that he would tamper with the evidence.
The court recommended that the prosecution should summon the alleged victim as soon as possible.
A protection order was issued in favour of the woman.
Magistrate Gabriella Vella presided.
AG lawyer Cynthia Tomasuolo prosecuted assisted by police inspectors Ian Azzopardi and Wayne Buhagiar.
Lawyer Mario Mifsud appeared for the accused.