A man has been remanded in custody after being charged with rape, seven years after the alleged victim, 17, filed a report.

His lawyers claimed in court on Friday that the man only got to know he was wanted for rape two days ago. 

The allegations were made by a Bulgarian national living in Malta, who had gone to the police in 2016, claiming to have been raped by a man she had met through mutual friends.

Her report kicked off police investigations and a magisterial inquiry that was wrapped up in 2018. However, no criminal action was taken against the 37-year-old Kuwait-born suspect who has been living in Malta since 2008.

The prosecution on Friday explained that the man proved difficult to track down since he was a private chef working aboard yachts and thus often travelled abroad on work-related trips. 

Prosecuting Inspector Dorianne Tabone said she had recently taken over the case and reopened investigations.

An arrest warrant was issued this week after police received fresh information that the suspect had arrived in Malta last month.

Two days ago he was taken into custody and interrogated, at first failing to identify the alleged victim. 

He subsequently recalled the woman but strongly denied having had sex with her. 

On Friday the man was charged with violent rape, holding the alleged victim against her will and causing her slight injuries.

He was also charged with possession of cocaine in circumstances denoting that the drug was not solely for his personal use as well as procurement of the drug. 

He pleaded not guilty. 

The alleged victim had told police that the man had given her cocaine, but his lawyers pointed out that no drugs were found in the accused’s possession. 

The defence requested bail, arguing that all evidence had been preserved in the records of the magisterial inquiry and that there were no other civilian witnesses to testify. 

Accused not arrested, interrogated over allegations

The alleged victim’s report had been investigated by the Vice Squad but at no point had the accused been arrested or interrogated over the allegations. 

Although the man had filed several police reports over unrelated issues over the past years, police had never arrested him in relation to the alleged rape. 

It was only two days ago that the man was faced with an arrest warrant, his lawyers stressed. 

Moreover, the accused had a validly renewed residence permit approved by Identity Malta after proper due diligence tests which also involved consultation with the police.

And the victim had testified in the inquiry, meaning that her version was well-preserved, the defence argued further.

However, the prosecution rebutted that the woman had not testified at the inquiry.

Since she was still to testify and the accused knew where she lived, there was a risk of tampering with evidence, the court was told. 

Various international requests to track him down

There was also the fear of absconding, given the accused’s ties abroad and the fact that in spite of various international requests, police had taken so long to track him down, the prosecution went on. 

After hearing submissions by both parties and in light of the prosecution’s objections, the court, presided over by Magistrate Leonard Caruana, turned down the request and remanded the accused in custody  The court upheld requests for a ban on the names of both the alleged victim and the accused, in view of the nature of the charges.

The court also upheld the prosecution’s request for a protection order in favour of the woman.

AG lawyer Sean Azzopardi prosecuted, together with Inspector Dorianne Tabone.

Lawyers Jacob Magri and Frank Anthony Tabone, together with legal procurator Mark Sultana were defence counsel. Lawyer Stephanie Caruana appeared parte civile.