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Nadur rape case

Court speaks of attempt to buy girl's silence

The Criminal Court yesterday acknowledged that there appears to have been an attempt, also by lawyers, to bribe the family of a 14-year-old girl at the centre of sexual assault allegations into not pressing charges. In a judgment which imposed stricter bail conditions on four men from Nadur facing the charges, Chief Justice Vincent De Gaetano said that "in this case it seems that there have been manoeuvres by people who had an interest to see that the case does not reach the courts.

It seems that, before the accused were charged in court, money changed hands in order for there to be a forfeiture of the prosecution (in respect of the accused bearing the Said surname)".

The Chief Justice heard the prosecuting officer and the victim's mother testify.

The statement, along with the request by the Attorney General to revoke bail last week, follows a story in The Sunday Times which revealed that the victim's family had been approached with a money offer.

Peter Paul Said and Josef Said stand charged with raping the girl, corrupting her and holding her against her will.

Mark Lorry Said and friend Peter Paul Debono were charged with corrupting her.

The four men were first charged on September 18 and bail was denied because the Magistrates' Court had said that it was a sensitive case especially since it had occurred in such a small community which is Gozo.

The Chief Justice specified that his remit in the hearing was not to rule whether the approach to the family, which even involved lawyers, was legal but to decide whether the first court was right to grant the accused house arrest.

However, when the compilation of evidence started on September 23, in front of a different magistrate, the victim was called to testify through video conferencing but could not complete her testimony because there was a problem with the equipment.

The magistrate had then granted the accused bail against a personal guarantee of €10,000 and a deposit of €1,500 each.

The Chief Justice said that it cannot be said that the Magistrates' Court in Gozo was manifestly incorrect in granting the men bail and placing them under house arrest.

However, the main problem was with the amount set in relation to the personal guarantees the accused had to make.

The court placed Mark Lorry Said and Pater Paul Debono under a personal guarantee of €9,000 each and the other two Said brothers were placed under personal guarantees of €23,000 each.

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Comments

Olina Tretyak (on 5/10/08)
@David Agius

Not in Malta!
Now the names of the lawyers involved will be protected by court order, not to give any shadow on the profession!

Only what we can know is a backwards information from an article:

Saturday, 20th September 2008
Four face rape, defilement charges

Four men from Nadur are facing sex-related charges, two of them accused of rape. Josef Said, 27, and Peter Paul Said, 34, were charged with rape while 38-year-old Peter Paul Debono and 24-year-old Mark Lorry Said were accused of defilement and of relapsing.

All four were also accused of public indecency. All charges are known to be in relation to the same girl. The accused were remanded in custody.

Inspector Graziella Muscat prosecuted.

Lawyers Franco Debono, Carmelo Galea and Simon Micallef Stafrace were defence counsel.
David Agius (on 4/10/08)
What? Lawyers? If lawyers took any part in this, their warrant should be witheld and not let to practice any more.


James A. Tyrrell (on 4/10/08)
@Edward Cassar. You almost got it right there Edward. There is no way on earth that a criminal conviction should go away simply because the criminals can afford to pay for it to go away. These criminals, if guilty, broke the law in a way that ordinary people find it hard to understand. If adults have a role in life, that role is to be an example to children and where necessary to protect them. These people abused that sacred trust and defiled a child.

Personally I don't give a damn what their name is, they should be locked away and locked away for a very long time. As for the girl receiving money I agree that should happen but not for the reason you gave. This girl is going to need professional counselling for a long time to come and that is a financial burden which should be met by the criminals involved.

Please note that at no time did I refer to these criminals as men because real men would never behave in such a way towards a child. Let’s hope that the court takes the same view as me and locks this scum away for years to come!
Edward Cassar (on 4/10/08)
While I do not agree what these man done ,can not their lawyer give money to the girl to drop the case ( that is if she agrees) like what the the catolhic church done in America were priests were involved in sex cases???
Alex Cauchi (on 4/10/08)
The meaning of omerta' :
"A rule or code that prohibits speaking or divulging information about certain activities, especially the activities of a criminal organization."
thefreedictionary.com
Franco Farrugia (on 4/10/08)
Do we need to get out our copy of George Orwell's ANIMAL FARM once again, and brush off the dust after many years on the shelf?

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