Man cleared of rape

A man has been acquitted of the rape 10 years ago of a woman who suffered from a mental health problem after a magistrate ruled that the charge brought against him had not been sufficiently proven.

Magistrate Joseph Apap Bologna cleared Francis Bonnici of the Zejtun rape on the night between August 14-15, 1993 of the 35-year-old woman who suffered from a "mild mental subnormality".

The magistrate noted that the prosecution had based its evidence on the testimony of the woman and on that of the court experts who examined her.

However the woman's version had not been consistent and the experts' reports indicated that there had not been penetration.

Besides, the magistrate noted, it was very unlikely that Bonnici would have attempted something of the sort when there were another two people asleep in the same room, as the woman herself and other witnesses testified.

The magistrate noted that the allegations made were very serious and that people with mental health problems deserved all the protection they could get.

However, he could not forget the sacrosanct right that one was to be presumed innocent until proven guilty. In this case Bonnici, who denied the allegations throughout, had not been proven guilty as required by law.

Superintendents Lawrence Cutajar and Raymond Vella Gregory prosecuted.