A man accused of raping a minor has been cleared of all charges after conflicting accounts cast doubt on the initial testimonies.

A court presided over by Magistrate Claire Stafrace Zammit cleared Fayiz Alkatib of all charges, as the magistrate was unable to “concretely and beyond reasonable doubt” find the man guilty.

Alkatib was charged with raping and attacking a 12-year-old girl and also sexually abusing a 13-year-old.

He pleaded not guilty.

The case dates back to September 2017, when the police received reports about two girls who were repeatedly missing from their residence and opened an investigation.

When testifying, the 12-year-old said that she and the other minor used to flee their home and meet up with a group of people including the accused.

She testified that she had her first sexual encounter with the accused when she masturbated and performed oral sex on him, in exchange for a mobile phone.

On another occasion, she said that the 13-year-old told her that the accused offered her €50 as he was interested in carrying out more sexual acts together. The 13-year-old convinced her she would only need to kiss him.

The girl said that the accused took them into an abandoned garage in Santa Venera where he tried to touch the other minor’s private parts but she did not let him.

The situation escalated and the 12-year-old testified that the accused grabbed her hands, slammed her against the wall, pulled down her jeggings and forcefully performed anal sex on her.

The accused paid them €50 and they went to buy food, the 12-year-old said.

Under cross-examination, the minor said she tried to push the accused away and shouted at him to stop. She added that she was hurt but she did not go to a doctor. After the incident, she said that she threw away her jeggings.

In her initial testimony, the 13-year-old minor confirmed everything that the 12-year-old had said. However, her testimony in 2023 completely contradicted her original statement.

“She herself confirmed in the last sitting that she was not sexually involved with the accused, to the point that she did not even recognise the accused,” the court said.

Whereas, in her original testimony, she mentions how she was present during the incident, the second time she testified she said that she did not know what happened between the other minor and the accused, as she was not present.

“The court cannot understand why the same victim chose to give two completely different versions to the point that she even weakened [the other minor’s] version,” the court said.

Social workers testified and confirmed that both girls were sexually active with older men.

The court added that, at a point during proceedings, there was an insinuation that the accused gave the 12-year-old a sexually transmitted disease. As such, the prosecution asked the court to summon a doctor to carry out tests on the younger minor, the accused and another individual to determine whether anal intercourse had occurred.

Doctors found no evidence of a sexually transmitted disease or physical signs of abuse.

The court cleared the accused of all his charges as it was unable to establish guilt beyond reasonable doubt.

Defence lawyers Jason Grima and Kirsty Muscat represented the accused.