A man has been charged with raping his then five-year-old niece when she visited his home and continuing to sexually abuse her over a five year period.
The 56-year old man from San Ġwann, whose name was banned by the court to safeguard the identity of the now-12 year old girl, was charged with rape, defilement of the minor and violent indecent assault.
The visually impaired accused, who was accompanied by family members and used a white cane to find his way around the court room, pleaded not guilty on Monday.
Prosecuting Inspector Kylie Borg informed the court that police had received a referral from Appoġġ about a girl alleging how she was abused when she used to visit her uncle’s home.
The rape and other sexual abuse spanned a five year period between 2014 and 2019, starting when the girl was aged five.
It was only two years ago that the girl finally spoke to her parents, Inspector Borg explained, adding that the girl was also skipping school.
She had spoken to the alleged victim, confirming the details, said the inspector.
A request for bail was objected to primarily in view of the fear of tampering with evidence, but also because of the serious nature of the alleged offences and the fact that the victim was a minor.
The girl had finally summed up courage to speak out, but now she was still to testify in court, argued the AG lawyer.
The prosecution did not object in view of the familial relationship between alleged victim and accused.
Defence lawyer David Saliba countered that the fear of tampering must be real and actual.
“What possibility, even remotely so, does the accused have to tamper with evidence? Police have seized all phones and devices. So what means does he have to effect tampering?”argued the lawyer, highlighting the physical impairment of the accused.
However the prosecution rebutted that the alleged offences happened within the nucleus of a family and the victim’s relatives had trusted the accused.
Defence lawyer Jacob Magri pointed out that the parties lived in separate locations and moreover, although a report had been lodged months ago, the victim’s parents had still visited their relative’s home.
After hearing submissions the court, presided over by Magistrate Josette Demicoli, turned down the request for bail in view of the real fear of tampering with evidence given that the girl was still to testify.
After being informed about the accused’s medical problems, the court directed the prison authorities to provide for his needs accordingly, whilst directing the prosecution to summon the girl to testify at the first hearing.
Inspector Kylie Borg prosecuted, assisted by AG lawyers Nathaniel Falzon and Yvette Borg Cardona.