A man who denied sexually molesting a nine-year-old boy while his mum was browsing through a Mosta store has been granted bail after the minor testified in court. 

Zhou Jiankang was also ordered to pay a €5,000 deposit and bind himself under a €25,000 personal guarantee.

The 55-year-old Chinese national had been remanded in custody after being arraigned earlier this month. 

That day, the court heard about the incident that allegedly took place inside a store on Independence Street on a Saturday afternoon when the boy went shopping with his mum. While the mother browsed through the store, the man allegedly groped the boy. 

The child’s mother immediately alerted the police who, after speaking to the boy and his mother, also checked CCTV footage from the shop. 

That footage left no room for doubt, prosecutors later told the court. 

The man, whom court was told is a shopkeeper, pleaded not guilty to non-consensual sexual acts, defilement, slightly injuring the child, subjecting him to acts having a sexual connotation as well as causing the minor, deemed vulnerable because under the age of 15, fear of violence. 

He was also charged with working in Malta illegally.

Upon arraignment, the accused was assisted by a legal aid lawyer who requested bail, arguing that adequately stringent conditions could allay the prosecution’s fears. 

Yet, bail was turned down particularly because the young victim and other witnesses were still to testify.

The boy testified once proceedings continued and the accused - now assisted by his chosen lawyers - filed a fresh application for bail before the Criminal Court.

When decreeing upon the matter, Madam Justice Edwina Grima took note of various factors including the circumstances of the case, the previous conduct of the accused as well as the fact that the alleged victim had since testified.

Moreover, a protection order was in place in favour of the boy and his relatives. 

The Attorney General’s sole objection to bail was the fear that the accused might abscond. 

However, the court observed that although the accused was a foreigner who did not work in Malta, his son ran a local business and could thus provide his father with a place to live until this case was concluded. 

A Maltese national who operated a well-established business also testified he had known the accused’s son for quite some years. 

When all was considered, the court upheld the request, granting bail under various conditions including signing the bail book twice daily, not going out between 9pm and 7am, paying a deposit of €5,000 and binding himself under a €25,000 personal guarantee. 

He also cannot approach the minor and his family.

AG lawyer Cynthia Tomasuolo and Inspectors Godwin Scerri and Dorienne Tabone are prosecuting. 

Lawyers Stefano Filletti and Roberto Montalto are defence counsel.