Last witnesses heard

After three intense days of evidence heard in the trial of two adult brothers charged with raping two boys, also brothers, the judge yesterday put off the case for judgement.

On Tuesday, Mr Justice Joseph Galea Debono started hearing evidence in the trial by the bench of Denis Pandolfino, 58, and his 63-year-old brother Anthony who are pleading not guilty to raping and defiling a 10-year-old boy and his 11 year-old half brother on and before 2002.

They are also charged with holding the boys against their will and the illegal possession of pornographic material.

Today the boys are 14 and 15 years old. The prosecution is claiming that the Pandolfinos raped and abused the boys when their mother entrusted them into their care.

The Pandolfinos have chosen that their case be decided by one judge and not by a jury.

During a brief sitting yesterday morning, Mr Justice Galea Debono heard witnesses summoned by the defence.

Psychiatrist Peter Muscat said that in 2002 Denis Pandolfino went to him and told him that he was anxious because a Tunisian man was going to take the mother of the boys to Tunes to prostitute her. He worried for the children and suffered from anxiety.

Answering a question by the prosecution, the psychiatrist said that Denis Pandolfino never spoke to him about feeling attracted to young children.

The judge also heard two teachers who taught the 11-year-old boy (who lived with Anthony Pandolfino for several years).

The teachers said that the boy behaved normally at school and they never noticed any odd behaviour. He was well behaved and obeyed at school.

When the defence declared that it had no more evidence the judge put off the case for judgement to October 26 at 8.30 a.m. and added that it may be moved forward if he completed his analysis of the evidence before the set date.

The judge noted that there were several legal points he had to look into before reaching his decision and also added that, while jurors in a trial by jury did not have to give reasons for the verdict they reached, he had to give a reason for every decision he took.

Assistant Attorney General Anthony Barbara is prosecuting.

Lawyer Joseph Mifsud is representing Denis Pandolfino while lawyer Joseph Giglio is appearing for his brother Anthony.