'No serious grounds for prosecution'

Irish police had indicated to the son of the former Maltese ambassador to Ireland that he was unlikely to be prosecuted in relation to an alleged sex attack on a 20-year-old woman in Dublin.

Richard Muscat, who resigned as ambassador last Saturday, told The Times that the Irish police had told his son they would advise the Director of Public Prosecutions that there "were no serious grounds because the incident was minor".

A spokesman for the Irish police said the file had been sent to the DPP, who would decide whether to press charges.

Christina Leech-Cleary, a student at Trinity College, Dublin, claims that Mr Muscat's 35-year-old son sexually assaulted her last October.

The Maltese government has said it only got to know about the case last Friday.

When asked why he had not informed the government, Mr Muscat said he felt that since no charges had been laid against his son, he did not want to risk the issue leaking to the media.

"I felt that if I informed the head office, it could leak to the papers while preliminary investigations were still ongoing and it would have made life even more complicated for me and also have had an impact on my son.

"I decided to let things be, and if charges were pressed, I would take up my responsibility and report officially to the head office," he said.

Mr Muscat explained that the Irish police called his son in for questioning in March after they had identified him as the suspect last October. No charges have been brought so far.

"I don't know why they have let the case go on for so long," Mr Muscat said yesterday.

However, the former ambassador denied the delay was due to diplomatic reasons, vehemently refuting reports that diplomatic immunity was invoked to protect his son.

Diplomatic agents are covered by diplomatic immunity in accordance with the 1964 Vienna Convention on Diplomatic Relations.

It is understood that unmarried children of a diplomatic agent under the age of 21 and children under the age of 25 in full-time education are covered. Other family members, including adult children with mental or physical disabilities or elderly parents, may also enjoy protection. Mr Muscat has said that his son suffers from mental problems.

After accepting Mr Muscat's resignation, the Foreign Affairs Ministry formally waived diplomatic immunity with regard to his son.

Mr Muscat was back in Ireland yesterday after what he described as a "nightmarish weekend" in Malta. Asked whether he knows when he will be leaving Ireland, he said: "I am sure I will be winding down. The procedure still has to be defined."

He said everything was very sudden and he did not even consider the implications of his decision when he submitted his resignation.

"It was a sacrifice, but I took the decision because I felt it was the best option for my family and my country. I feel serene because I know that my conscience is clear."

Attempts were made to contact Ms Leech-Cleary but her mother told The Times that her daughter did not have any further comment to make.

Ms Leech-Cleary broke her silence to Irish newspaper The Evening Herald last week, expressing anger that her alleged attacker would not be prosecuted. She claimed that she was told by the police that no charges would be brought against her alleged attacker since he was covered by diplomatic immunity.