Woman breaks down in court recounting alleged rape by Birżebbuġa man

A woman who had been living at the Ħal Far Open Centre broke down in court as she described how a man accused of raping her ignored her repeated pleas to stop during the alleged assault.

The testimony was given during the compilation of evidence against Joseph Zahra, 43, from Birżebbuġa, who is accused of raping an Ethiopian woman who was residing at the centre at the time of the alleged incident.

The woman told the court she had first met the accused while waiting at a bus stop, when he stopped his car and asked if she needed a lift. She declined.

She later encountered him again at the same bus stop. On that occasion, the bus did not arrive, and the two began talking.

The alleged victim noted that while she could not understand everything he said, due to both parties not being fluent in English, she eventually accepted a lift to Marsa.

During that journey, she gave Zahra her phone number. She said he later began calling her from a private number, which made her uncomfortable.

She also claimed that she repeatedly encountered the accused at the bus stop, which heightened her unease.

Accused 'climbed on top of her'

The woman said she got into Zahra's car on one occasion to ask why he kept calling her. 

Although he offered to take her to Ħamrun, which she accepted, she alleged that he instead drove to his residence.

The witness told the court that she found herself in a garage where there were two dogs. Feeling alarmed, she got out of the car, but the accused reassured her that there was nothing to fear and persuaded her to get back inside.

She complied and sat in the passenger seat. She said that at that point, Zahra suddenly climbed on top of her, opened her legs and positioned himself between them.

According to her testimony, he lowered the car seat, held her hands with one hand and used the other to pull down his trousers. He lifted her skirt and kissed her chest.

The woman said she repeatedly pleaded with him to stop, but was unable to do anything because his body was too heavy, she told the court through tears.

She said Zahra laughed at her as he continued touching her. She testified that she was in pain and feared for her life as the alleged assault continued.

He then allegedly raped her.

Witness 'did not leave home for a week'

After the incident, she said the accused drove her back to the open centre. She claimed she did not leave the centre for a week afterwards.

The woman said she informed a security officer at the centre, writing that “something bad happened” to her. She was then referred to a support worker, who explained that because the incident had occurred outside the centre, she needed to report it at the Birżebbuġa police station.

However, she did not file a report at the time, saying she did not know where Birżebbuġa was and felt powerless due to her inability to effectively communicate in English or Maltese.

The alleged victim said that when she later left the centre, she saw the accused again. He asked her if she wanted a lift, but she ignored him and went to a bus stop where other people were present.

She added that the accused continued to appear unexpectedly. She said she pretended to be pregnant in the hope that he would leave her alone.

The witness also testified that he asked her to engage in an intimate relationship, but she refused, telling him she did not want a man in her life.

Second alleged assault

In another incident, the woman said she got into Zahra's car and pleaded with him to stop following her. Instead, he allegedly drove towards an abandoned area.

She testified that when the car stopped in what appeared to be an abandoned compound, she got out and ran away. The accused allegedly chased her, caught her, kicked her legs and dragged her back towards the car.

The witness added that he struck her twice in the face.

As she cried, she said he told her to calm down before offering her a lift, which she accepted. He took her to Valletta.

In a different incident, she said she again encountered the accused at a bus stop. She testified that he appeared extremely angry after realising she had blocked his number.

According to her, he pulled her towards the car and once again drove her to the garage, where he behaved aggressively and took her bag along with some personal belongings.

The alleged victim said she later spoke to a support worker, recounting all the incidents except the alleged rape. She was subsequently taken to a police station where, with the assistance of an interpreter, she filed a full report about everything that had occurred.

The witness added that she later moved to another locality out of fear that she might encounter the accused again. 

Cross-examination

During cross-examination, the defence pointed out that there had been another occasion when she had accepted a lift from the accused to Naxxar, which she had not initially mentioned.

She replied that she had forgotten about that lift, but that it had taken place before the alleged rape in the garage.

When asked whether she had ever requested a lift from the accused, she replied that she could not have done so as she did not have his number saved.

The defence also asked whether she had taken €1,000 from the accused. She replied that this was the first time she had heard of such a claim.

Asked why she felt uncomfortable with his calls, she said it was because he used a private number rather than identifying himself.

The defence further questioned her about the garage incident, including whether the dogs had been used to intimidate her. She said they were present but were not used to scare her.

They also noted that during the alleged assault, she had asked the accused to use a condom. She explained that she had done so to avoid potential illness or pregnancy.

The defence questioned inconsistencies in her testimony regarding where the accused had ejaculated.  She said the discrepancy related to depth.

The case is being heard by Magistrate Anne Marie Thake.

The prosecution is led by Inspector Wayne Buhagiar, together with lawyers Marshall Mallia and Antonello Magri, and the Attorney General’s lawyer Jurgen Dalli.

The accused is being represented by lawyers Franco Debono, Herman Mula and Conrad Borg Manche, while lawyer Lara Dimitrijevic is appearing for the alleged victim.