A woman fainted in court when a magistrate yesterday jailed her for six years for allowing her neighbours to defile her nine-year-old daughter six years ago.

Magistrate Consuelo Scerri Herrera also found the woman guilty of failing to protect her daughter, as was her duty.

The neighbours, a man and his son, were jailed for five and three years respectively, for defiling the minor. They were however cleared of rape after the magistrate ruled the charge had not been proven.

Magistrate Scerri Herrera ordered that the names and details of all three accused not be published, to protect the minor's identity.

She heard how some time in 1997 a social worker was informed that the girl was being bullied and prostituted. In December that year the social worker met the girl who told her she had had enough and was being bullied at school.

The social worker called unexpectedly at the girl's house and the mother, who was taken by surprise, said that her daughter was being beaten up at school.

The girl's father said that, although being aware that something was going on, he did not wish to do anything and wanted to lead a peaceful life.

The social worker continued monitoring the girl who was always crying for help and kept showing "disruptive behaviour" such as eating erasers and pencils and throwing up in class.

In a 59-page judgement, Magistrate Scerri Herrera noted that when the girl first testified, in December 1998, she said she knew the two men because they were her neighbours and went to her house.

She said she had never seen any of them naked and had always been clothed. She also said she had seen neighbour Y, the son, give her mother money.

But the girl later said she was scared her mother would beat her if she told the whole story and she had seen both neighbours naked in her house.

The girl added she had seen the neighbours kiss her mother and touch her as she did her homework and also explained that her mother never told her to leave the room.

When the girl testified a second time in February 1999 she said that both men had undressed her mother before they undressed her and they both had touched intimately when her father was at work.

She said her mother allowed the men to touch her and never tried to stop them.

"I sometimes watched rude films with my mother and she would tell me to pay attention so that when... [neighbours X, the father, and Y]... came over I could do the same to them...

"I wanted... [neighbour X and Y]... to leave me alone but my mother told me to allow them because first they did it to her and then to me... when I did not allow them to do that to me my mother would beat me," the girl testified.

Magistrate Scerri Herrera also heard the mother deny the allegations made by her daughter who, she claimed, fantasised a lot.

The two neighbours admitted having sexual relations with the mother but denied ever having sexual contact with the girl.

Neighbour X said the girl had often walked in on him and her mother while they were having sex and, in a statement to the police, neighbour Y admitted touching the girl "not with the intention of teaching the girl bad things but to enjoy myself".

The magistrate also heard several court experts testify on the girl's mental state and the mental state of neighbour Y.

She heard that although neighbour Y did not suffer from mental illness, his mental abilities were limited.

As for the girl, medical analysis showed signs of sexual abuse. A psychiatrist said the girl's intelligence quotient (IQ) level was below average and it was difficult for someone her age and with her IQ to make up a story and repeat it several times without making mistakes or changes.

The girl's allegations were true, prima facie, and reflected a state of physical sexual abuse and psychological abuse that may have a negative effect on the minor.

On handing down judgment, the magistrate noted that the girl had testified several times and had been consistent in the relevant parts of her testimony.

She noted that the three accused were first time offenders, noting however that the charges were deplorable and should be condemned to protect society.

Police Inspectors Carmelo Magri and Simon Galea prosecuted.