Minor claims he is Floriana rapist

The Magistrates' Court yesterday found enough reasons for the indictment of Jamal Badawi, the man charged with the rape of a 55-year-old Floriana woman.

But the ruling was qualified with the explanation that the court had no other option but to send the file of proceedings to the Attorney General because Badawi had filed a guilty plea to a "peripheral" charge.

The court hearing the compilation of evidence, as the court of criminal inquiry, had no jurisdiction to decide on the guilt or innocence of the defendant.

The file had to be sent to the Attorney General and the Magistrates' Court would then convert into the court of criminal judicature to assume the competence to give judgment.

Magistrate Lawrence Quintano declared he had very conflicting evidence before him over the other charges.

Badawi is also charged with the illegal arrest of the woman in Floriana on June 29, violently and indecently assaulting her, offending public morals and seriously injuring her.

The main witness for the prosecution, the victim, had positively identified Badawi at a police identification parade and had confirmed it in court despite the many questions of the defence counsel, Dr Roberto Montalto.

On the other hand, clinical forensic physician Mario Scerri said he had not found any bite marks on Badawi's hand although the victim insisted she had bitten him.

Forensic expert Robert Cardona confirmed the DNA test results which excluded the possibility that the defendant could have been the aggressor.

Another witness for the prosecution, a minor, had claimed he had been on the scene of the crime and had committed the crime himself.

Magistrate Quintano ruled he was sending the file of proceedings to the Attorney General because his was only a court of criminal inquiry and because he had before him uncommonly conflicting evidence.

The Attorney General was exhorted to decide on the matter as quickly as possible so that justice would be done within a reasonable time.