Court dismisses elderly man's plea to drop rape case
The man says the case against him stems from vindictive claims
An elderly man who claims he was wrongly charged with raping his live-in carer has had a request to halt proceedings against him rejected by a court. The man had argued that the charges breached his human rights.
He is facing charges including human trafficking and the rape of his Filipino live-in carer in 2019.
He argued that the case violated his right to a fair hearing, claiming the woman fabricated the charges in retaliation after he dismissed her upon realising she was unqualified for the job.
The case dates back to 2019, when the elderly man, who had cancer, required a live-in carer and found the woman through social media. He brought her to Malta, where she began working for him. Seven months later, she moved into a shelter and alleged that he had raped her and been violent towards her.
He denied the allegations, maintaining that she invented them out of spite after he concluded she was not competent in her job and terminated her employment.
He also claimed that he had reported her for attacking him on two occasions.
Nevertheless, he was charged with human trafficking, rape, and causing injury, among other offences, which he insists are untrue.
He then filed a case before the First Hall of the Civil Court in its constitutional jurisdiction, alleging breaches of his rights to a fair hearing and protection from degrading treatment. He opened the case against the Attorney General as well as the Police Commissioner, and the investigating officer – and their wives.
The case was dismissed as frivolous, a decision later confirmed by the Constitutional Court, composed of Chief Justice Mark Chetcuti and Judges Anthony Ellul, and Robert Mangion – who found that in light of the frivolous nature of the case, there were no grounds for appeal.
Lawyer Miguel De Gabriele appeared for the AG, lawyer Dustin Camilleri appeared for the Commissioner of Police and his wife, and lawyer Arthur Azzopardi appeared for the investigating officer and his wife.