Driver jailed for indecent assault - May 11, 2006

A 65-year-old minibus driver was yesterday jailed for seven months for the violent indecent assault of a 12-year-old girl he had picked up to take to school two years ago.

Magistrate Lawrence Quintano noted that Nazzarenu Abela could have spent a year behind bars for this "deplorable" act. However, after hearing that the girl had forgiven him, the magistrate handed down a seven-month jail term.

In January 2004, the girl's mother had informed the police that her daughter had been sexually abused by the driver of her school minibus.

Investigations indicated that the driver was Mr Abela, of Fgura, who was then charged with holding the girl against her will, defiling her and violently assaulting her in an indecent manner.

The girl recounted that Mr Abela had picked her up at about 6 a.m. and driven to an unusual place. There he stopped the minibus and got into the back where she was sitting. He held her hands between his, kissed her on the lips and touched her thighs and breasts. She tried to get up and leave on two occasions but he pushed her back onto the seat.

He backed off when she started screaming. She then got out of the minibus and started running. He drove behind her and told her to get back into the van so that he would give her a lift.

As it was still dark and the sun was just starting to rise, she decided to accept the lift on condition he left the van door open.

On evaluating the evidence the magistrate ruled he could not find Mr Abela guilty of holding the girl against her will as the Attorney General had not included the charge in the case documents. (The charge had been filed by the police on Mr Abela's arraignment but dropped by the Attorney General.)

After examining case law, the magistrate also cleared Mr Abela of defiling the girl on grounds that "although the court deplores the actions of the defendant they do not constitute libidinous acts in terms of law".

The magistrate, however, found Mr Abela guilty of violent indecent assault.

He noted that the man had a rather clean criminal record and that the girl had forgiven him. However, he also noted that the incident happened when the girl was alone with the driver who was meant to take her to school.

He jailed Mr Abela for seven months and ordered him not to approach the girl for a year against a Lm100 fine in default.

Police Inspector Anthony Cassar prosecuted.