A Dutchman accused of raping his ex-girlfriend yesterday filed an application in court challenging the Police Commissioner to prosecute the woman for filing a false police report and lying under oath.

Johan Stellingwerf, a 33-year-old Dutch man, is accused of raping the Maltese woman, with whom he had a relationship for four months, and of defrauding her of some €25,000. The woman’s name cannot be published by court order.

Magistrate Aaron Bugeja yesterday began hearing submissions by Mr Stellingwerf’s lawyers who are requesting the police to prosecute the complainant on the basis of four criminal complaints filed against her between November last year and August.

Police Superintendent Carmelo Bartolo testified that when he was informed about the challenge, he reviewed the case and searched the woman’s house.

In a black bag under the stairs, the police found underwear, T-shirts, socks and other clothes belonging to Mr Stellingwerf. She told police she kept the items because she had purchased them.

Mr Bartolo said the police have filed charges in court and a sitting has been fixed for January when the woman will be accused of exercising a pretended right.

He said investigations on other criminal complaints were still under way and the sitting was postponed to another day when the court will hear police officers testify on their investigations.

In a previous sitting in the compilation of evidence against Mr Stellingwerf, before it continued behind closed doors, the court heard how in June 2013, the woman reported the rape that allegedly took place in April 2012. However, she withdrew her complaint, only to have a change of heart two days later, telling the police to proceed with the case.

The woman is claiming he had raped her several times over a period of two months, when they were in a relationship. The man is insisting that the sex between the two was consensual. They dated for four months, used to live together and often went abroad together.

Lawyer Jason Grima appeared for Mr Stellingwerf.