Updated 4.23pm with names of accused

A 17-year-old girl was raped by her ex-boyfriend while her 16-year-old male friend was beaten in an eight-hour attack by a gang of male youths on holiday in Malta on Sunday, a court has heard.

Details of the alleged incident, described by the prosecuting inspector as one of the most serious crimes he has ever investigated, were laid out in court on Wednesday.

Inspector John Spiteri testified that the two minors turned up at the police domestic violence unit on Monday claiming that on Saturday night the 16-year-old boy was assaulted at Gianpula nightclub in Żebbug by a gang of four.

The minor and his 17-year-old female friend were then taken to a flat in Sliema where the girl was allegedly raped by a fifth member of the gang, Dany Masuekama Kabangu, 20, who was her ex-boyfriend.

The ordeal allegedly lasted from 5am to 1pm on Sunday and in the meantime, and also afterward, the boy said he was beaten and assaulted by the four other students, two aged 17 and two others, Kamangu Lema Lelo Arnaud, 18, and Muogo Mukengerwa N’Domba Amani, 20.

All five accused told the court they were born and lived in Brussels. 

The ex-boyfriend and three of the others denied all charges when they appeared in court. A fifth accused, aged 17, admitted to a charge of attempting to grievously injure the 16-year-old and was sentenced to one year in jail, suspended for three years.

Kabangu said that he is a psychology student, another said that he reads law while one of the 17-year-olds told the court that he is a professional footballer. 

Abuse filmed

Inspector Spiteri told the court that the teenage victims were in Malta because they were studying English and the girl was contacted by her ex-boyfriend, whom she had met in Malta. 

They met in a Sliema garden on Friday in the hopes of restarting their relationship but when she went to his flat she found that he was staying with four other youths and his new girlfriend. That angered her. 

She went to Gianpula on Saturday and spotted her ex and his new girlfriend. She drank and then later she and her 16-year-old friend went out to call a cab. Her ex followed her outside and tried to convince her to accompany him back to Sliema to make sure she got home safely. She couldn’t see her 16-year-old friend. 

The attack began at Gianpula Village in Żebbuġ and continued in a Sliema apartment, where the rape took place, a court heard.

She finally succumbed and got into a taxi and was given more vodka along the ride. The next thing she recalled was waking up naked in his flat and her ex-boyfriend was raping her. 

She realized that there were others in the room, the other co-accused who were filming the sexual assault. 

Her young friend, a Swiss national, was being beaten by the gang. It was all unprovoked, she told police.

The boy later told police that he was beaten and assaulted by the other four outside Gianpula. He was small-statured and they were very aggressive in his regard, leaving him with no option but to get into the same taxi with them.

He told police that he was beaten unprovoked at the Sliema flat, all caught on video. 

One or other of the accused hit him over the span of hours and the 16-year old never reacted, he told police. 

One of the accused opened the victim’s iPhone, which had been taken at Gianpula, and tried to buy a Louis Vuitton bag worth almost €2,000, giving his Brussels address for delivery of the purchase.

Both victims were examined in hospital and the boy later described the ordeal as degrading. At one point they made him pull down his trousers up to his knees and took turns at hitting him on his bottom or even hitting him with a belt.

The court ordered a ban on the name of the victims and the two 17-year-old accused.

Arrested at airport

The court heard how the police traced the gang to the airport after the girl identified her ex-boyfriend and told officers that the other four were his flatmates.

She got to know that the youths were to leave Malta that same day and that their flight was scheduled for departure at 8pm. After finding no sign of them at the Sliema apartment, two police inspectors headed to the airport, identifying the suspects through photos sent to them by the female victim, who described the accused as dark-skinned, and all five were arrested at the airport at 7pm on Monday.

As well as being charged with rape, the 20-year-old was further accused of holding the victim against her will, causing her slight injuries, forcing her to engage in sexual activity, subjecting her to acts of physical intimacy, facilitating her defilement and causing her to fear violence.

He and three others, aged 18, 20 and 17, were jointly charged with the unlawful arrest of her friend, the 16-year old minor, grievously injuring him, causing him to fear violence, sharing indecent material involving the female victim, insults and threats, disturbing the repose of residents at night and other related charges.

One of the 17-year-olds was separately charged with stealing the boy’s iPhone and attempting to steal a valuable worth some €1,900.

All pleaded not guilty except for one of the 17-year-olds who registered an admission after the defence and prosecution reached a plea deal that punishment would not involve an effective term of imprisonment. 

He admitted only one charge, namely that of attempting to grievously injure the 16-year old boy. He confirmed his admission after being given time to reconsider and after being warned by the court about the consequences of that admission. 

'Unprovoked fight'

Spiteri observed that this was one of the most serious crimes he ever investigated. The only mitigating factor in respect of the 17-year-old was his young age. 

Justice must not only be done but must be seen to be done, he said.

“We cannot send out the message that it is okay to come to Malta on holiday and attack another minor in an unprovoked fight at a nightclub where he was having fun.” 

Magistrate Caroline Farrugia Frendo condemned the 17-year-old to a one-year jail term suspended for 3 years and placed him under a three-year restraining order after he admitted to attempting to injure the boy. 

The case was deferred until Thursday and there was no request for bail.

Attorney General lawyers Cynthia Tomasuolo and Joseph Camilleri Azarov prosecuted together with Inspectors John Spiteri, Omar Zammit and Jonathan Cassar.

Lawyers José Herrera, Franco Debono, Stefano Filletti, Jason Azzopardi, Matthew Xuereb and Gianluca Cappitta are defence counsel.