Three years jail for defilement

A 31-year-old Pakistani was jailed for three years for defiling a 13-year-old boy when he deceived him into going to his apartment on the pretext of having a drink, last summer.

"Without a doubt, the actions of the accused in deluding the boy to accompany him to his flat and in massaging oil in the area of his groin, constitutes lewd acts," Magistrate Jacqueline Padovani ruled as she found Arshad Nawaz guilty of the crime.

A woman reported to the police, last August 11, that her son told her he had been sexually abused by a foreign man who insisted on befriending him. She said she realised something was wrong with her son because he was acting differently and was "anxious and looked afraid", the magistrate heard.

The boy, who testified in court, explained how he was walking in Independence Gardens, Sliema, on his way to meet some friends at the beach when a man called him.

Although he initially ignored the call, the man insisted on befriending him and, while engaging him in conversation, the man bought a soft drink for the boy and for himself. Both bottles were closed and the man suggested they would have to go to his nearby apartment to open them.

The teenager accompanied the man to his apartment and, when they got there, the man directed him to his bedroom and told him to make himself comfortable while he went to open the bottles. The boy noticed there were three beds in the room and went on to explain that the man decided to have a shower and then returned clad only in a towel round his waist. He then forced the boy to sit on his lap, pulled down his trunks and massaged "special oil" on his groin.

When the boy left the apartment he told his mother what had happened and she informed the police. Later that day, the boy and his mother took the police to the man's house. He also recognised the man as Mr Nawaz.

The magistrate heard several police officers explain that they arrested Mr Nawaz from the apartment indicated by the boy.

Mr Nawaz admitted to defiling the boy in a statement to the police and apologised for his actions, the officers said.

However, when he testified in court, Mr Nawaz denied ever defiling the boy although he admitted to meeting him at the gardens and buying him a drink.

He said he then went home and, soon after, the boy knocked on his door and asked him for Lm1 but he gave him 25c.

Mr Nawaz also said that about an hour later, someone else knocked on his door and when he opened he found that it was the police. He alleged that the police beat him up in his apartment and even punched him in the police car.

Asked about his statement, Mr Nawaz said he did not understand English well and the police had spoken to him in English. He said he signed the statement because he was scared.

Faced with this, the magistrate had first to determine whether or not the statement was valid. After ascertaining that Mr Nawaz had a poor command of English she ruled that the statement was invalid according to law.

Besides, in view of the allegations of physical abuse by the police, she even ruled it was "similarly improper to rest on any evidence given by the members of the police who effected the arrest".

This left the court with two "diametrically opposed" versions by the boy and Mr Nawaz. After examining them she ruled that the boy's version was more credible and consistent.

After taking note of the serious nature of the crime, the age of the minor and the fact that Mr Nawaz was to be treated as a first-time offender, the magistrate jailed him for three years.

She also ordered the Police Commissioner to investigate Mr Nawaz's allegations of physical abuse.

Police Inspector Malcolm Spiteri prosecuted.

Lawyer Leslie Cuschieri appeared as legal aid for Mr Nawaz and lawyer Joseph Giglio represented the boy.