Restaurateur acquitted of violent indecent assault
Mario Ellul, 56, was today found not guilty of violent indecent assault on Petra Leiner, a German, holding her against her will and stealing her mobile phone.
Ms Leiner had claimed that on New Year's Day 2007 she had been walking in Tourists Street, Bugibba, when she saw a woman standing at the door of Mr Ellul's restaurant. She asked her where she could get a taxi from. She then went into the restaurant while the woman called a taxi.
The woman left after a few minutes. Mr Ellul had been sitting on her left and had asked her if she was single and what she was doing in Malta, among other things. He also allegedly started touching her shoulder and legs.
He then closed the restaurant's glass door. She asked him what she he was doing and said she wanted to leave.
He allegedly told her that they could continue to talk and do something. She repeated that she wanted to get out.
He then continued to touch her and tried to kiss her. She grabbed her mobile to try to contact the police, but he grabbed it from her. She fell to the floor and cried for help. She was then kicked as she was on the floor.
Mr Ellul denied all of the German tourist's claims. He said Ms Leiner had been drunk, as confirmed by the waitress. It was not true that he tried to touch her. Ms Leiner had told the waitress that she had just had an argument with her husband, who had allegedly taken their children.
The court said the accused was consistent in what he said, and in most cases his statements were corroborated. Furthermore, a medical examination showed no evidence of the kicking and a doctor only found small bruises on a knee and over an eye which were not consistent with kicking.
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r.buttigieg
Jan 9th 2010, 19:28
@ anna degiorgio..... emmmm with your reasoning therfore whenever a woman lodges a complaint we have to take it as a fact ! nice reasoning ... he was aquitted but could be guilty according to you still but on the other hand for you she could right...simply 'cos she's a woman.
i also hope for your sake that your boy/s , husband if you have any ,will never be accused for indecent assault and after 3 years found innocent.
yes let's open our eyes and we see a world of decent and not so decent men, but also of decent and not so decent women.
Franco Tabone
Jan 9th 2010, 14:56
Of course Court cases takes long in Malta. We have a Parliament full of lawyers and they perform also part-time work in court, this is the reason the court cases drag for so many years. It should be when a member of parliament is elected, he or she should cease from working his/her profession and dedicate his/her Parliament seat full time and not part time. To say everything they should be well paid for being elected in order not to continue working their profession. The way things stand is very unjust and if the person was a teacher they have to stop working their profession but a lawyer or a doctor or a notary or a dentist (self employed people) they are allowed to continue doing both jobs. Tell me who is suffering the consequences for this, us the people!
anna degiorgio
Jan 9th 2010, 11:56
you guys are not taking into consideration that perhaps the lady was telling the truth! however due to the fact that there were no witnesses it is one man's word against the other woman.
the man's word has to be taken because the charge has to be proven beyond reasonable doubt for the man to be held responsible. the only other person questioned is an employee of the accused or maybe even a relative!!!!!!!! therefore you are suggesting that this woman/victim is punished for having gone to the authorities for help?? is`nt it bad enough that the person who may have done something indecent to her is getting away scot free???
i hope for your sakes that none of your daughters,if you have any, ever fall victim to this sort of behaviour because for this very reason they will refuse to to go to the police! open your eyes guys and look around you.
ray sacco
Jan 8th 2010, 08:22
@r.buttigieg:
there is a huge difference between rape and indecent assault, which you seem to be mixing up. rape was never mentioned. and three years waiting to be tried is humiliating and ridiculous for the general public, whether it's a relevant or irrelevant case. the number of judges and magistrates have been increased and they are very well paid, but the situation in our courts is still the same.........embarrassing! shame!
Joseph Schembri
Jan 8th 2010, 00:39
3 years is nothing. There are cases... of alleged child molestation which have been in court for SEVEN years! The cases were well publicised at the time and I will not cause more hurt by mentioning the case. But can you imagine the suffering that the accused are going through for what I strongly suspect are made up accusations?
There are hordes of other such cases and I cannot but feel angry when I see the justice minister smirking in a Times of Malta photo because someone donated a 1,700 Euro gizmo to the law courts.
Marcel Dingli
Jan 7th 2010, 18:13
If Ms Leiner gave evidence under oath she faces a six month jail term, not including the punishment for lodging a false report.
michael john turner
Jan 7th 2010, 16:12
Such a delay is in clear breach of the EuropeanConvention for Human Rights, which states clearly that the accused has a right to a speedy trial. Unfortunately, the Maltese system of justice leads to these breaches again and again and the system of appropriate compensation just does not exist. I hope the restaurateur sues the prosecution all the way to the ECJ for costs and compensation, he deserves recompense.
rbuttigieg
Jan 7th 2010, 15:55
@ vincent borg... it's not an irrelevant case as you say, 'cos the accused which was found innocent spent 3 years awaiting trial for rape.
incidentally , why is the woman left scott free after falsley accusing a man?
those who make false accusations should be sentenced as if they themselves had committed the alladged crime.
Marcel Dingli
Jan 7th 2010, 15:43
@ Dennis Zammit. It is up to the prosecution to have evidence and a solid case. Unfortunately people are just accused, with their reputation and life ruined, some times without even one schard of evidence against them. As far as i know the law does not contemplate for any compensation, but there would be no harm in trying.The system can be grossly abused as such, that is knowing that a person can be accused without redress. Shoddy prosecutors deserve as much a punishment as criminals.
Vincent Borg
Jan 7th 2010, 13:27
Tad-dahk - 3 snin fuq kaz zghir?
Ma tahsbux li tal biki jew tad dahk?
Joseph Schembri
Jan 7th 2010, 13:14
Legislators please change our laws to make those making accusations such as these liable for damages.
Many people's lives have been ruined because of false accusations of sexual abuse made for reasons such as vendetta, insurance claims.. etc.
Dennis Zammit
Jan 7th 2010, 12:39
After this unfortunate situation the restaurateur faced for the past 3 years, will he get any compensation for the hassle this tourist caused him?