Restaurateur cleared of indecent assault charges

A restaurant owner charged with violent indecent assault on a German woman was cleared after the court found he had actually tried to help her.

Mario Ellul, owner of Makiki restaurant in Buġibba, was charged with indecently assaulting Petra Leiner on New Year's Day in 2007 at about 4 p.m.

Mr Ellul, 56, from Naxxar, was also charged with holding her against her will and slightly injuring her.

Ms Leiner was waiting for a taxi outside the restaurant when she realised she would be there long and went inside to seek shelter from the cold and chat with a waitress who, however, left soon after. She testified that Mr Ellul began asking her questions about her personal life and starting touching her leg before locking the restaurant's door.

Ms Leiner said she threatened to call the police when he started touching her. She tried to find a means of escape and hid under a table until he opened the door.

But Magistrate Consuelo Scerri Herrera noted that Ms Leiner's version did not match with that of Mr Ellul and the waitress, Nicky Camilleri.

Mr Ellul said he was doing some work behind the bar when his employee let in a woman who was crying, drunk and needed help.

They offered her coffee and called a taxi. The waitress left soon after and Ms Leiner fell asleep on the table. However, she fell on the floor and dragged everything, including the coffee, down with her.

Mr Ellul said he helped her up and accompanied her outside to the front porch, insisting this was the only time he touched her.

In handing down judgment, Magistrate Scerri Herrera noted there were two conflicting versions and that Ms Leiner did not file a police report immediately but two days later.

Also, she said, Mr Ellul's version of events was very consistent and corroborated in most parts by the waitress.

As a result, she cleared Mr Ellul of all the charges brought against him.