A family man who is charged with raping an underage friend of his young niece while the girls visited his home for an overnight stay was remanded in custody upon his arraignment on Thursday.
Keith Vella, a 35-year-old baker from Tarxien, was escorted to court under arrest on Thursday following investigations triggered by a late-night report on Tuesday by two worried parents and their underage daughter.
Prosecuting inspector Joseph Busuttil told the court how the couple and the girl had turned up at the police station to report that the minor had just been raped.
The girl had accompanied her friend to her aunt’s home for a sleepover and after the aunt went to bed, the accused also sent the two girls up to bed.
Mattresses for the girls were laid out on the floor of the couple’s bedroom and that was where the alleged incident took place, explained the prosecutor, handing over a photo of the bedroom layout that night.
While his wife slept, the man allegedly approached his niece’s friend, touched her intimately and put his finger inside her private area. The girl, shocked and confused, did not know what to do.
She finally blocked his moves, woke up her friend and called her parents who soon turned up to take her away.
The man pleaded not guilty to defiling the minor, committing sexual acts and raping her.
A request for a ban on his name was turned down after the court held that there was no legal basis for the defence’s request.
The prosecution explained that the alleged victim was in no way linked to the accused.
A request for bail was strongly objected to by the prosecution who argued that this was so serious that it was listed as a scheduled offence by the legislator.
Moreover, both minors were still to testify.
Defence lawyer Roberto Spiteri rebutted that the accused’s niece had in no way “heard or seen anything” and as for the alleged victim, she lived in a different locality, meaning that the risk of tampering with evidence was questionable.
The accused was still presumed innocent at this stage and denial of bail was not to serve as a form of pre-punishment.
Strict bail conditions could strike a balance between the interests of society and the rights of the accused, the lawyer argued.
“The court needs to handle with velvet gloves,” remarked parte civile lawyer Kris Busietta, highlighting the fact that minors were involved.
After hearing submissions, the court, presided over by magistrate Josette Demicoli, turned down the request in view of the risk of tampering with evidence and urged the prosecution to produce the minors as witnesses at the first hearing.
Inspectors Paul Camilleri also prosecuted. The prosecution was assisted by AG lawyer Darlene Grima. Lawyer Jason Azzopardi also appeared on behalf of the alleged victim.