A pensioner who allegedly defiled a 15-year old girl entrusted to his care as a sports coach, was remanded in custody upon his arraignment on Monday evening.
The accused had already been convicted of defilement of a minor in the 1970s.
The man, whose name was banned upon request by the prosecution to safeguard the girl’s identity, pleaded not guilty to the non-consensual acts, defilement as well as having repeatedly subjected the vulnerable victim to such offensive, humiliating, degrading and intimidating behaviour.
Prosecuting Inspector John Spiteri told the court about the suspect abuse flagged by Appoġġ after the girl opened up about her ordeal, telling social workers how she had suffered the man’s sexual advances for months prior to filing a report.
The man would call for her to accompany her to training and back home.
But while she was alone with him he would allegedly touch her breasts and place his hand between her legs over her trousers.
The girl would tell him to stop but he would warn her not to tell anyone so as not to land him in trouble.
The girl ultimately needed help from a youth psychiatrist after allegedly manifesting suicidal ideation, the court was informed.
A request for bail sparked lengthy and animated submissions by both parties as the prosecution argued that proceedings were still at a very premature stage and there was a real fear of tampering with evidence.
Accused convicted of defilement of minor back in 1970s
Moreover, there was a risk of further criminal wrongdoing, argued AG lawyer Angele Vella, informing the court, presided over by magistrate Marse-Ann Farrugia, that the accused had been convicted of defilement of a minor back in the 1970s.
During his arrest on Sunday, the police also found a photo in his phone that he had allegedly taken of two young girls walking in the street.
When confronted with that image, the man had simply smiled and shrugged it off, said the prosecution lawyer, insisting that the man’s character was untrustworthy.
Defence lawyers Franco Debono and Richard Sladden rebutted that the accused had cooperated fully with investigators and was willing to submit to supervision by a probation officer or psychiatrist as the court deemed fit.
Both the minor and her mother had not wished to report the matter to the police, pointed out the defence.
Besides, not bringing the victim to testify at the arraignment meant that arraigned people end up being denied bail unless the alleged victim is a foreigner who would testify immediately before leaving the island.
“This means the law is creating two categories of individuals,” argued Debono, stressing that he had long advocated necessary legal amendments to address this issue.
But the prosecution stood firm by its objections.
The alleged “touching” had a serious effect on the girl, argued Spiteri.
“And what about the victim’s rights? Who is to stand up for her rights?”added the AG lawyer.
The court ultimately denied bail in view of the risk of tampering, the gravity of the charges, the accused’s criminal record and the fact that civilian witnesses, including the minor, were still to testify.