A man falsely convicted of sexually molesting his underage daughter has been denied compensation for a breach of rights.

Emmanuel Camilleri spent 397 days behind bars after being found guilty back in 2011 of defiling his daughter and was listed on the sex offenders’ register. Two years later, that conviction was confirmed on appeal.

But it turned out to be based on a lie, with his daughter subsequently admitting that she had spun the tale about being sexually molested after being spurred on by her mother.

In 2016, the First Hall, Civil Court, in its constitutional jurisdiction, quashed the conviction. That decision was confirmed a year later by the Constitutional Court on appeal. 

Mr Camilleri’s daughter was found guilty of giving false testimony in 2015.

Her father had taken a downward turn ever since the case began and continued to struggle through life ever since. He subsequently filed another case claiming compensation from the state for the wrongful conviction.

On Tuesday, the First Hall, Civil Court, presided over by Mr Justice Mark Chetcuti, rejected the man’s claim, pointing out that Mr Camilleri’s injustice stemmed from wrongdoing committed by a private individual, namely his daughter.

The authorities, including the prosecution, had followed the correct legal procedure and the prosecuting officer had been “diligent and responsible” in her approach, observed the court.

Moreover, compensation in terms of the European Convention Act was due “only in clear cases of miscarriage of justice, in the sense that there would be acknowledgment that the person concerned was clearly innocent.”

In this case, the Constitutional Court had never pronounced Mr Camilleri “innocent”, the court observed, pointing out that this essential requisite had not been fulfilled, thus turning down his claim for compensation.