A prison warder has been cleared of raping an underage inmate five years ago after a court concluded that the minor and her friend had made up the story out of spite because “they knew no better”.
Joseph Zammit’s ordeal began in November 2022 when he was charged with raping the then-15-year-old minor, an inmate at the female division in the youth section of the Corradino Correctional Facility.
The girl had first told a fellow inmate about the warder’s unwelcome advances and sexually loaded comments, later even speaking to a Caritas official. Her claims resulted in an internal inquiry against the then-52-year-old father whose career at the prison facility spanned 23 years.
He was subsequently charged with a raft of offences including sexual activity with the minor, harassing the minor and her friend, seeking sexual favours and engaging in acts of sexual intimacy, which offences he was duty bound to prevent.
He pleaded not guilty upon arraignment and protested his innocence ever since, testifying in the proceedings rather than opt for silence.
The girl had claimed that Zammit used to comment about her figure while she was showering and described how she had oral sex with him some six or seven times. She also supplied details about the rape, which she claimed took place inside a washroom.
Her friend also insisted that the accused would comment about her breasts and turn up while she was showering. She mentioned a foreign inmate at the youth section who allegedly had a soft spot for Zammit and who used to tell that teen that he was divorced.
However, a very different picture emerged when the accused’s colleagues testified. They said that Zammit was an “exemplary” man, assigned to carry out maintenance jobs at the youth section.
He would visit twice a week or so and would always seek admission when called to carry out some task at the female section, always working in the presence of a female official.
'Versions supplied by minors not credible'
When weighing both versions, Magistrate Claire Stafrace Zammit concluded that the prosecution did not manage to prove its case beyond a reasonable doubt.
The versions supplied by the minors were not credible.
The criminal wrongdoing attributed to the accused would have not likely been committed without rousing suspicion of fellow prison guards, said the court, observing that the section was well-monitored by CCTV cameras.
One of those devices was mounted close to the washroom where the rape allegedly took place. Yet, the prosecution did not even seek to preserve that footage and produce it in evidence.
One of the minors, almost 16 years old, had a vast criminal record marked by offences against public officials, theft and injuries against the person. She was familiar with court proceedings.
She threatened male officers that she would do to them like she did to Zammit when she was prosecuted and then threatened a female warder that she would lose her kids. Her words reflected her “cunning” character. She chose her words well.
When all was considered, the court was convinced that the two girls had made up the story to reach their targets or out of spite “because, unfortunately, they knew no better”.
The accused’s version was more credible and, in light of all evidence, the court pronounced an acquittal.
Lawyers Franco Debono and Herman Mula were defence counsel.