A man and his brother have been acquitted of defiling their six-year-old daughter and niece, who walked into the room while the pair were watching pornography on a computer.

The men, aged 35 and 23, whose names cannot be published by court order, have been in court since 2009, when they were accused of defiling the child in June of the previous year.

The court heard that the complaint had been filed by the girl’s mother in the midst of highly charged separation proceedings.

The mother told the court she filed the report when she saw changes in her daughter’s behavioural patterns and after having taken the girl to several psychologists, a priest and later even the government’s social agency, Appoġġ.

Psychologists told her that the girl was suffering the effects of separation, while one said she could be the victim of some form of sexual abuse.

The two men were charged with defilement over a one-off incident when the girl walked into the room where her father and uncle were viewing pornography. 

In another incident, adult images appeared on the screen while the girl was using her father’s computer.

The girl told the court that when her father realised that she had walked into the room, he sent her out immediately.

An examination of the computer’s hard disk found no child pornography.

Testifying through video-conferencing, the girl described how her uncle forced her to engage in sexual acts.

However, Magistrate Audrey Demicoli ruled that the court was not morally convinced about the girl’s version of events, especially due to inconsistencies.

In this case, the court said, even though the child could have been exposed to a few seconds of a pornographic film, the prosecution had not managed to prove any intent on the part of the defendants. Moreover, the magistrate concluded the incident was “purely accidental”.

“Even though this exposure could have had an effect on the child, this does not mean that her father is at all guilty of the charge brought against him,” the magistrate said.

Ruling in a separate case against the uncle, the magistrate noted a conflict in evidence and in versions, with the defendant categorically denying any involvement and surprise at what his niece was saying.

“There is no doubt that the minor was going through a difficult time with the separation of her parents that could have affected her behaviour... but the inconsistencies in her version casts doubts on the veracity of her allegations... The court suspects the minor was only saying what she heard from others or what third parties wanted her to say,” Magistrate Demicoli said.

Police Inspector Raymond Debono prosecuted, while Mark Vassallo appeared for the two brothers.