A man was acquitted of gay rape yesterday because there was no evidence to suggest his advances had been refused by the alleged victim.

Aldo Agius, 44, a former supervisor at the Paradise Bay Hotel, was charged with attacking and raping Renald Falzon who had previously worked at the same hotel years ago as his subordinate.

The case came to light after Mr Falzon filed a police report claiming that he had been raped by Mr Agius on March 26, 2008 at around 2 a.m. He also alleged that the accused stole €150, held him against his will and offended public morals.

Taking the witness stand, Mr Falzon claimed that he had been in his apartment with the door ajar when Mr Agius walked in pushed him onto the couch. He then ordered him to walk into the bedroom and undress.

The two then had sex for some half an hour during which Mr Agius refused to let him go and even locked the door, Mr Falzon claimed.

On the other hand, the accused said he met Mr Falzon in Tulip Bar in Ta’ Xbiex but he left at 11 p.m. because he had to meet a woman in Ġzira. He then met Mr Falzon again as he waited for the woman near a petrol station in the vicinity. Mr Falzon invited him to his apartment and when he refused, he punched him. The accused insisted that he spent the night with the woman.

Magistrate Antonio Micallef Trigona said that he was not convinced by the testimony of either man although the toxicology results confirmed there had been contact between them.

However, the forensic pathologist, Mario Scerri, found there was no clear evidence of whether rape had taken place.

After taking into consideration all the evidence, the magistrate acquitted Mr Agius of all charges except that of stealing €150 and ordered him repay the money.

Lawyer Joseph Brincat appeared for Mr Agius.