Court clears man of being a pimp

An appeal court has upheld the acquittal of a man who had been accused of prostituting a "manipulative" 17-year-old girl who suffers from psychological disorders.

The girl, who cannot be named because she is a minor, ran away from home several times. According to three psychiatrists who testified, she is a good liar and is manipulative, the magistrate's court had noted in the first judgment.

She had accused 31-year-old Brian Fenech of prostituting her and giving her cocaine, ecstasy and hashish on January 21, 2006 and in the previous weeks.

Magistrate Doreen Clarke had said that, although in the eyes of the law, one witness, if believed, was enough to prove someone's guilt, the girl was not credible.

The Attorney General filed an appeal arguing that the first court had made an incorrect appreciation of the evidence.

After taking into consideration all the evidence, Mr Justice Joseph Galea Debono yesterday said that the most important factor which threw doubt over the girl's testimony were her psychological disorders.

The judge placed a lot of importance on the testimony by psychiatrist Mark Xuereb who said he had known the girl for a number of years and that she suffered from behavioural disorders and needed lifelong attention.

The psychiatrist added that she had also recently been in hospital receiving treatment for a "conduct and emotional disorder".

In the light of this testimony, the magistrate's court had a lurking doubt about the credibility of the girl and took this into consideration when acquitting Mr Fenech, the appeal court said, confirming that judgment.

Lawyer José Herrera and Veronique Dalli appeared for Mr Fenech.