A 25-year-old warden, who had originally been found guilty of offending public morals when she posed naked for photographs in public places, was cleared by an appeals court because the prosecution failed to prove the date and time when the offence had taken place.

The warden's name cannot be published by court order.

The woman was charged after the police found negatives of her posing in the nude, topless and in lingerie in remote areas such as Buskett and Maltese rocky beaches. The police had uncovered the prints during a search at the property of a third person in connection with a separate case. In his judgment, Mr Justice Joseph Galea Debono, presiding over the Court of Criminal of Appeal, said there was no indication of when the photos were taken.

He said all that can be established is that the woman had reached puberty stage when the photographs were taken.

According to law, the prosecution must indicate a date and time when the offence allegedly occurred. In this case, this was missing so the woman could not be found guilty. He, therefore, cleared her of the charges.

Joseph Brincat was defence counsel.