A man who was filmed having sex with a woman at the Luqa boċċi club last month told police that he did not know her name but she had been touching and teasing him during a group event and he “had gone along with her so that others could have fun.”

He also said he did not know that their oral sex scene would end up going viral on Facebook, only realizing what had happened when people he knew began to ask, “what have you done, there?”

A description of how events unfolded in the club was given to the court by Police Inspector Kurt Farrugia during proceedings against Mark Cachia Zammit, a 35-year-old deliveryman from Birzebbuga, who stands accused of filming the scene and sharing the footage without the consent of the couple.

Cachia Zammit is pleading not guilty and his lawyers are arguing that he lacked criminal intent since he never meant to harm the alleged victims who had “tacitly consented” to the filming.

Cachia Zammit was granted bail upon arraignment late last month. During that hearing, the court had issued a ban on publication of the victims' names.

On Thursday, prosecuting inspector Farrugia testified how police investigations were kickstarted by an anonymous report on the police Facebook page, complete with the footage that was making the social media rounds.

That footage showed a group of youths seated around a rectangular table inside an establishment - later identified as the Luqa boċċi club - while a couple in the background were engaging in oral sex, amid much shouting and laughter.

Voices, captured in the video shouted out vulgar comments, goading on the man, teasing and mocking him as he went on, face in full view of the camera.

“Blessings! …Buon appetit! Keep going!” shouted the viewers, keeping up the vulgar commentary, while the barman and his staff continued to serve the customers.

Police soon identified the main player at that September 13 event. Two days later, the Zurrieq man was summoned to the Zabbar police station to give his version.

He explained how he had been invited for a meal at the Luqa club by his friend, “Mark il-Ginġer” - the accused - and got a lift with four youths from Birzebbugia.

There was quite a crowd when they arrived at the club including a woman whose name he did not know.

The group entered the club together and sat down for their meal.

When confronted by the footage, the man admitted that he had done it on his volition.

He did not know the name of that woman but throughout the evening she had been “touching and teasing him” and he had gone along with her, “for the others to have fun.”

The rest of the party had forked out some €10 each and had even paid for his meal, the man told police.

His only concern about it all was his family.

He told the police  had no idea about the footage being shared on social media and only realized when people began to question, “what have you done there?”

Asked whether he knew who had filmed that video, the alleged victim said that it “must have been someone in there.”

But when asked to identify any of the voices heard in the footage, he named his friend “Mark” who was the one who had invited him to the meal.

“Mark” (the accused) was taken in for questioning and his mobile phone was seized.

In the presence of his lawyer, he told police that he did not know everyone at the event since some people were invited by third parties.

He said, however, that he had, the previous day, invited his friend, the alleged victim because “he fancied her [the woman in the video]”.

He saw the two kissing that evening. His friend [the victim] did what he did when the woman undressed and “together they had fun.”

Cachia Zammit denied that he was the one making the vulgar comments in the background.

“I was only eating and watching,” he told police.

Although he first insisted that he had received the video “from I don’t know who” he later admitted that he had filmed the activity, his hand holding up his mobile, in full view of the couple.

He had shared that footage with two others.

"Please keep to yourself"

Under cross-examination by defence lawyer Jason Azzopardi, the inspector confirmed that the accused had told one of those two contacts, “please keep to yourself.”

Asked whether the woman had been paid for her ‘services’ and who was the brains behind the entire incident, the accused had opted for silence, explained the inspector.

Cachia Zammit also told the police that no one had given him permission to film but no one had stopped him either.

Police found the woman’s number on the accused’s contacts list. She was listed as being the friend of the man in the video. 

Man in sex video to be charged

The alleged victim was also summoned to testify. However his testimony was postponed after prosecuting Inspector Paul Camilleri informed the court that investigations were still ongoing and that charges were to be pressed against him.

Magistrate Nadine Lia, directed the witness to seek legal advice since he was to be prosecuted.

The case continues.

Inspectors Paul Camilleri and Kurt Farrugia are prosecuting.

Lawyers Jason Azzopardi and Kris Busietta are defence counsel.