Sexual abuse cases should not always be heard by the same magistrate since “familiarity breeds contempt”, a lawyer told a court yesterday.

Tonio Azzopardi was making the closing arguments in a constitutional case in which Emanuel Camilleri is arguing that his right to a fair hearing was breached.

The case was filed against the Attorney General, the Police Commissioner and Police Inspector Louise Calleja, who investigated Mr Camilleri for sexually assaulting his daughter Leanne.

Mr Camilleri was jailed after being convicted but was provisionally released by the Constitutional Court pending the outcome of a perjury case against his ex-wife, after his daughter claimed her mother forced her to invent the allegations.

Dr Azzopardi, for Mr Camilleri, said Inspector Calleja could not have been unaware of several pieces of evidence that put the daughter’s claims in serious doubt.

About 25 police reports had been made by Leanne Camilleri and her brother against their mother, some involving neglect. An Appoġġ report said the daughter lied a lot and a gynaecologist’s report showed no evidence of sexual violence.

This was a miscarriage of justice and a case of malicious prosecution. Both the Magistrate’s Court and then the Appeals Court had discarded important evidence, he said.

Lawyer Arthur Azzopardi, for Insp. Calleja, said Mr Camilleri was attacking his client to get back at the courts because he knew he could not openly criticise them.

Insp. Calleja carried out her duty and it was the courts that had to decide, based on the evidence presented. He asked why Mr Camilleri had not presented the police reports in the Magistrates’ Court.