A music teacher who defiled a 13-year-old student 11 years ago had his five-year prison sentence reduced by one year on appeal, the court firmly declaring that “a mature person must be careful not to overstep the limits”, especially when a minor is entrusted to his care. 

Mario Testa, who was 41 when the offences took place in 2012, was convicted and sentenced to a five-year effective jail term by a Magistrates’ Court in 2015, prompting an appeal on various grounds. 

The parties made final submissions in 2016 but, since then, the appeal languished before the courts, only making it to final judgment after the case was re-assigned to a new judge in January 2023. 

When delivering judgment on Thursday, Mr Justice Neville Camilleri said the evidence left no doubt that the accused had had sex with the minor who attended music lessons at the band club for about three years. 

He argued that the first court had wrongly relied only on the victim’s version.

But the Court of Criminal Appeal observed that that was not true since the first court had also weighed the accused’s own version of events and, if anything, his statement partly added weight to the victim’s account.

As often was the case in such scenarios, the court is only presented with the versions of the alleged victim and the accused, if he chooses to testify at all. 

In this case, what was certain was the fact that the student was 13 while he was 41 at the time of the alleged offence. 

Back then, the girl was in her early teens while he was a player in various band clubs as well as in the Armed Forces band. 

The girl’s parents sensed that something was wrong when her attitude changed and they sought professional help. 

It emerged that the girl was communicating with her music teacher via MSN and he was exposing her to pornographic videos, seeking her sexual favours over webcam. 

That communication took place in the run up to what came after when Testa took the girl to his father’s St Paul’s Bay flat where they had sex. 

When asked what had led him to do that, the accused had explained how the girl would plead with him to go out with her because she had taken a fancy to him. 

So one day he agreed to meet her. 

They met at Valletta and drove to Baħar iċ-Ċagħaq for an ice cream. 

On another day, they met at a Luqa square, went for a drive and finally ended up at his father’s flat where they undressed and had sex. 

The girl later told him that it was her first time and that she wanted to learn, showing that she had enjoyed it. 

No inconsistencies found in testimonies

The court observed that the victim had also given “very graphic details” proving that the alleged defilement had also taken place via virtual communication. 

The court found no inconsistencies in the testimonies.

The accused had produced witnesses who vouched for his upright character while stating that the minor’s “tight fitting and low cut” clothes were inappropriate for music lessons at a band club that was mostly frequented by men. 

However, the judge rejected that argument which implied that the victim could not be defiled since she was already corrupt. 

The appellant was her teacher at the time and she was entrusted to his care. 

Given the age gap, he was to guide her.

There was no excuse for taking her to his flat and if she had taken a liking to him, he ought to have immediately alerted her parents, said Camilleri. 

There was no doubt that sex with the minor had taken place. 

“A mature person must be careful not to overstep the limits because the aim of the law is to protect minors,” said the court, adding that that was more so when the victim was entrusted to his care as a teacher. 

The accused also argued that the punishment was excessive. 

His psychologist and probation officer both confirmed that he posed no danger to society. 

His criminal record was also otherwise untainted.

However, the court also took note of the gravity of the charges and while clearing him of offending public morals - since that charge was not included in the original charges - the court confirmed the conviction, reducing the punishment to four years in jail. 

Lawyers Veronique Dalli and Dean Hili appeared parte civile.