Th trial of a former police officer accused of rape and sexual harassment continued on Friday, with the defence's continuing closing arguments maintaining that the accused was "transparent and genuine" in his version of events.

The prosecution in their rebuttal pushed back at the notion and said that it was a case characterised by "fear" for the victims. 

The 33-year-old officer, who cannot be named by court order, stands accused of twice raping a female officer and sexually harassing her at the Msida police station where they both worked.

He is further accused of sexually harassing another young female recruit on different occasions, including one time inside a police car while out on night duties and another time while waiting in the car outside the Valletta law courts.

As the trial entered its closing stages on Thursday evening, the defence sought to poke holes in the prosecution’s case, casting doubt upon the veracity of the victim’s version of events as well as her character.

The woman had testified that in spite of her months-long ordeal, she had filled in a request form for a transfer but never sent it. 

When asked why that was so, the woman said that she feared that she might not get used to the change, prompting the judge to remark that such change would have been for the better. 

All the witness could say was that she “didn’t know what to do,” defence lawyer Franco Debono said.

Alleged victim was 'difficult' - defence 

Most of her former colleagues at the Msida station testified that the alleged victim was a rather difficult person, recounting a number of work-related episodes, with the only police witness to sing her praises being an ex-policewoman working at the Sliema station. 

That officer had described herself as the younger woman’s “mother figure,” earning the label of “guardian angel” by defence lawyer Franco Debono.

This witness had testified that the alleged victim was a team player and also described how, a few days before she told her about the sexual abuse, she had sensed a change in her.

Yet, the alleged victim had not opened up with her “mother figure” first, opting instead to tell her male colleagues in Msida. 

Details had also emerged about the female officer’s apparent involvement with other male colleagues, including one whom she had kissed.

“It took five years to get her to state that she kissed the other officer,” said Debono, pointing out that during the compilation of evidence she had insisted that the two were “just friends.”

The woman, Debono said, was “hard-headed” and appeared to “fear everything.”

She feared asking for a transfer or speaking out because the accused threatened to drag her “before a board.”

She also came across as highly suspicious of her colleagues, claiming that she was “bullied,” that the police corps offered her no help and that the Police Commissioner had not “even bothered to phone her.”

Nor had she cried out for help when the instances of the alleged assault were taking place.

“He [the accused] threatened me,” she explained. 

As for the second victim, who evidently had a stronger character, the woman had made it clear that she would not have reported the accused had her colleague not roped her in, Debono continued.

That victim, who was allegedly touched, kissed and offered a weekend break by the accused - who claimed to be “infatuated” with her after noticing her “bottom,” - had testified that she thought “that she could handle” the situation.

The woman had felt in control and took the unwelcome advances in her stride, the defence said, and while she had spoken to a superior about it, she never meant to file a formal report. 

It was only when her Msida colleague shared her experience that the recruit “re-evaluated the situation in a different light.”

“However the danger of it all was that her colleague was not telling the truth,” argued Debono.

“There is one truth. They [the victims] both told the truth,” AG lawyer Angele Vella hit back during lengthy submissions on Friday morning.

Touching a woman's body at work is 'a crime' - prosecutor 

“The keyword of this trial is fear,” the prosecutor continued, adding that victims who found themselves in such circumstances had to battle “fear and shame.” 

This case unfolded in a scenario where alleged rape and sexual abuse were committed by a police officer against his colleagues inside a police station, a crime that the accused was duty-bound by oath to prevent, Vella stressed, reading out the oath for emphasis. 

This was compounded by the fact that the victim found herself in a predominantly male environment and found little support from her male superiors when she tried to speak up. 

When the victim's former male colleagues testified, all most of them could say was that things were "normal" at the Msida police station and that the only person who went against the grain was the "guardian angel" ex-policewoman, who took decisive action by reporting the alleged abuse. 

The rest were part of a close-knit nucleus, each covering up for the other, then claiming to have been traumatized by the whole incident.

“The victims were still traumatized,” said the prosecutor.

The rape was aggravated by the fact that it was repeated, violent and took place inside a police station, therefore punishment should lean towards the maximum. 

“The victim should never have suffered all this. The police station should have been secure,” Vella continued, driving home the fact that the victim’s career within the police force had gone up in smoke.

The woman tried to hang on but ultimately resigned, unable to put up with the “labelling” and still struggling with the trauma of the ordeal.

“Irrespective of the outcome of this trial, his plan succeeded.”

The other victim, though stronger-natured, should never have been subjected to the sexual comments, the kiss, the touch and the accused’s unwanted offers for a massage or a weekend break.

“You cannot touch a woman’s body at the workplace….it’s a crime, it’s unacceptable…The police officer cannot deem himself untouchable,” stressed the lawyer, sending out a message in favour of all those who faced such harassment.

The trial will continue with a final reply expected from the defence. A judgement is expected next week. 

Madam Justice Consuelo Scerri Herrera is presiding. The accused is represented by lawyers Franco Debono and Edward Gatt, AG lawyers Angele Vella and Darlene Grima are prosecuting with lawyers Lara Dimitrijevic and Stephanie Caruana appearing parte civile.