A DJ convicted of engaging in sexual activities with minors at his teen parties was cleared of defaming the police in a Facebook post.
Magistrate Consuelo Scerri Herrera also acquitted Joel Caruana, 24, of using an electronic communication device to threaten them.
Mr Caruana has been on the sex offenders list since he was found guilty of engaging in sexual acts with a 13-year-old girl in 2010. Three years later he received a second suspended jail term after he was pictured cupping the breast of a 14-year-old at one of his contentious ‘I Love Music’ teen parties.
The latest charges were brought after a Facebook post in December 2013 said a party at Caribbean Club in Ħal Far was not going to take place because the police had not issued a permit. The statement was posted on the Facebook page of JoelC Events & Marketing. It stated: “The event is not going to happen because the police & autorities [sic] didn’t give us the permission to do the event at Caribbean Club after they told us it is ok to do the event away from Paceville.”
Superintendent Carmelo Bartolo told Magistrate Consuelo Scerri Herrera he felt this post was defamatory because it was not true the police refused the permit – no application had ever been filed.
He explained that a party, organised by JoelC Events and Marketing, was being organised at a club in Paceville and he started investigating. He was then contacted by the Children’ Commissioner who expressed concern that minors would be attending the event. He then found out that the party would take place at a club in Ħal Far.
The police got in touch with Mr Caruana, warning him that the party could not take place. He replied that it was not a problem.
When the Facebook post was uploaded, the police’s cyber crime unit was asked to investigate.
However, the court yesterday highlighted the prosecution’s “serious failings”.
Mr Caruana denied being responsible for the Facebook page, saying he had no access and did not upload that particular post. The prosecution knew from the very start that Mr Caruana was not assuming responsibility and it was up to them to prove who was, the magistrate said.
The court could not assume that Mr Caruana had control over the site because of the name and the fact that it listed his mobile number. It was up to the prosecution to bring forward the basic evidence about who was registered and responsible for the Facebook page.
Magistrate Consuelo Scerri Herrera cleared Mr Caruana of all charges.