A man has been accused of raping a 15-year-old girl in the gardens of a St Julian's hotel four years ago. 

Keith Azzopardi, 30, from Cospicua, who, until Tuesday was in preventive custody over a separate criminal case, was escorted to court on Monday afternoon, facing charges for a crime he allegedly committed in September 2019.

The case came to light when a pediatrician who examined the minor in hospital flagged the matter to the police. 

The girl had opened up about how Azzopardi had raped her in the gardens of a St Julian’s hotel. She told him to stop.

Later, the accused approached the girl and her mother at a Christmas party, telling them not to cause him trouble since he was a father of two. 

The alleged victim was afraid to report him to the police, explained prosecuting Inspector Roxanne Tabone who learnt about the case when previously stationed at the Vice Squad. 

On Monday, Azzopardi denied charges of rape, engaging in a non-consensual act with the minor, holding her against her will, giving her alcohol as well as relapsing.

Arrest declared invalid

His defence contested the validity of the arrest stressing the fact that four years had lapsed since the alleged incident. 

It was time for the courts to pronounce themselves on the distinction between an arrestable offence, namely where arrest was justified and arraignment under arrest, defence lawyer Franco Debono argued. 

He explained further that although an offence might justify arrest, that did not necessarily mean that the suspect was to be arraigned under arrest. 

And that argument gained ground especially when a considerable time lapsed between the commission of the offence and the date when the offence is charged in court. 

In such cases, the suspect could be charged by writ of summons rather than under arrest. Since the accused had been under preventive custody for relating to domestic violence, the arrest warrant was executed at the Corradino Correctional Facility.

In Azzopardi’s case, the alleged victim had reported the incident shortly after it allegedly happened but the prosecution had arraigned the suspect now.

Under cross examination, the prosecuting officer said that police had investigated the case when the girl filed her report and then handed over everything to the Attorney General.

The prosecution insisted that the case was a serious one and merited arraignment under arrest, even because Azzopardi had previously approached the victim and her relatives. 

After hearing submissions the court upheld the defence’s argument, declaring that the arrest was not valid. 

Without detracting from the gravity of the alleged offences, the court, presided over by Magistrate Gabriella Vella, stated that arresting the suspect in 2023 over an offence allegedly committed in 2019 was not valid. 

The court also observed that although the accused had approached the alleged victim and her family, that did not happen recently. 

The court issued a protection order in favour of the victim and her relatives while the rape case against Azzopardi continues. 

On Tuesday, the accused was given bail in the domestic violence case.

AG lawyers Angie Vella and Cynthia Tomasuolo prosecuted together with Inspector Roxanne Tabone. Lawyers Franco Debono and Marion Camilleri were defence counsel.