Man cleared of rape charge

A 44-year-old man was this morning acquitted of raping another man, but convicted of robbing him of €150.

The Magistrates' Court ruled that although there had been a sexual relationship between the two men, there was insufficient evidence for a rape conviction.

Aldo Agius had been accused of raping Renald Falzon, holding him against his will, stealing €150 and offending public morals. The alleged case happened in the early hours of March 27, 2008.

In handing down judgement, Magistrate Antonio Micallef Trigona said conflicting evidence had been presented to the court.

Mr Falzon claimed that he had been in his apartment with the door ajar.  The accused entered the apartment and had sex with him against his will. He also claimed to have been robbed of €150.

But Mr Agius testified that he had known Mr Falzon for several years since he was his supervisor in a hotel. 

On the evening before the alleged incident, he met him in a bar in Ta' Xbiex but he left at 11 p.m. because he had an appointment with a woman in Gzira. He also saw Mr Falzon again as he waited for the woman. Falzon invited him to his apartment and when he refused, he punched him.

The accused insisted that he spent the night with the woman.

Prof Marisa Cassar testified that a medical examination showed there was a relationship between the two men. Dr Mario Scerri, in his evidence, said, however that it was not clear that this was a case of rape. 

Magistrate Micallef Trigona said the court was not convinced of either version. While there was a relationship between the two men, it was not clear how events had played out.

The court therefore found Agius not guilty of rape but guilty of theft. It condemned him to a seven-month jail term suspended for a year and ordered him to return the money.

Dr Joseph Brincat was defence counsel.