Court throws out Justin Haber's appeal, blasts 'gross error' of teen abuse

Justin Haber's appeal against a conviction for sexually harassing a 14-year-old employee has been thrown out by the court, which ruled that the original sentence was not excessive given the gravity of abusing a position of authority.

The former national football team goalkeeper, 44, was found guilty in September of sexually harassing a teenage girl between 2020 and 2022. The abuse started when she was 14 and lasted until she was 16.

On Tuesday, the court of appeal confirmed the original punishment: a two-year prison sentence suspended for four years, a €7,000 fine, and a three-year restraining order to protect the victim and her family.

Judge Consuelo Scerri Herrera rejected Haber’s claims that the behaviour was merely "friendly" or part of an informal workplace environment.

She noted that Haber had "erred, and erred greatly," especially as the victim was a vulnerable minor under his employment at his Marsaxlokk restaurant.

The judgment emphasised that while the defence argued the staff-employer relationship was like a "family," such a claim cannot serve as a valid defense for sexual harassment.

The court highlighted that Haber, a mature man over 40 at the time, held a position of power over the teenager, making the acts even more reprehensible.

The incidents

The victim, whose name was banned by the court, was employed as a waiter at an establishment in Marsaxlokk, where Haber was her boss.

She had anonymously shared a screenshot of Haber asking her to send a photo of her breasts when she was 14.

The victim had told the police that Haber used to grab her buttocks, kiss her neck, and trick her into kissing his lips by asking for a kiss on the cheek and then turning his face at the last second.

She added that Haber also proposed that she should lose her virginity with him. Once he asked her to come over to his place after work, and another time he said they should go out on a boat together.

She said she was scared he would get mad if she rejected him. She also said that she did not leave her job because she needed the money.

'Conflicting versions'

In his appeal, Haber argued the police were not able to prove his guilt beyond reasonable doubt and that his sentence was excessive.

He attempted to discredit the testimony of the victim and another underage witness, arguing their testimonies were "invented and exaggerated", and influenced by his former partner.

He also argued that his dyslexia prevented him from writing the messages presented as evidence, arguing they were written with English words and emojis he did not know how to use.

The defence argued police never proved the messages were sent from Haber's phone and no court expert was ever appointed to confirm it.

Furthermore, Haber argued the teenagers could hardly be trusted. They did not respect work rules, were often late for work and did not do their job properly, but he would ignore this, knowing they were young and needed to earn some extra pocket money.

He said he would also warn them against the way they were partying and treating each other, which he felt was not appropriate for their age. It was in this context, he told court, that he once hugged the victim from the front, and that he had no intention of abusing her.

'Haber admitted to wrongdoing'

However, the court of appeal found that Haber had contradicted himself. While he denied kissing the girl on the lips while on the witness stand, he had previously admitted to doing so, and to hitting her on the backside, during his statement to the police.

The court also found the victim's testimony to be consistent and corroborated by another witness.

Addressing the defence's plea that the €7,000 fine and suspended sentence were "excessive," Judge Scerri Herrera said that a punishment is not automatically excessive simply because it includes both prison time and a fine.

The court ruled that the first court had correctly balanced the mitigating and aggravating factors, and the sentence was necessary to serve as a deterrent.

Haber was also ordered to pay the costs of court experts and will remain on the register for sex offenders.