A 72-year old pensioner was denied bail on Wednesday after pleading not guilty to sexually abusing his 15-year old granddaughter some five years ago. 

The man, a former coach whose name and address were banned by the court because of his close ties to the alleged victim, was charged with defilement, non-consensual sexual acts and harassment. 

The abuse had allegedly been ongoing for quite a while when the girl, who is now an adult, opened up to a counsellor. 

She claimed that her grandpa would touch her intimately. 

She apparently even exhibited suicidal tendencies. 

Investigations kicked off when the matter was reported to the police. 

A request for bail was strongly objected to, not only because of the very premature stage of the proceedings, but also because the alleged victim still has to testify. 

The accused's lawyers argued that the fact that the main witness still had to testify did not automatically mean that bail should be denied. 

The accused's son was outside the hall, wishing to testify so that his father might get bail. 

Moreover, the accused was a former coach who had no brushes with the law and had never been jailed. The allegations dated back to 2019 and since then the alleged wrongdoing was never repeated, argued lawyer Jose' Herrera. 

The rule was personal liberty, added lawyer Matthew Xuereb. In this case there was a pre-trial breach of the right to a fair hearing in view of the time it took to arraign the suspect, went on Xuereb, making reference to ECHR jurisprudence in this regard. 

Magistrate Kevan Azzopardi denied bail in light of the serious nature of the charges, the fact that the alleged victim was a minor at the time of the alleged case, and she was a close relative of the accused and still to testify. 

The court upheld a request for a protection order barring the accused from approaching or communicating with the alleged victim and her parents. 

The "rather stringent" order was operative for six months, pointed out the court, explaining to the elderly man that he could not speak to his son for the coming months while the order remained in force. 

"You must not speak to or approach anyone from your family about this case, " warned the magistrate.

AG lawyers Angele Vella, Danika Vella and Inspector Roxanne Tabone prosecuted. Lawyers Jose' Herrera and Matthew Xuereb were defence lawyers.