The case against a 59-year-old grandfather of two young boys charged with showing them pornographic films has been declared extinguished after a magistrate deemed the boys' testimony evasive and inconclusive and their father renounced criminal action against his father.

The case came to light after the boys' mother, who was visiting them at Appogg in the presence of two social workers saw them kissing each other on the lips, in November 2012.

One was aged six and the other seven.

According to the social workers, one of the boys said that he would tell his brother to pretend to be a girl and he would kiss him and undress. He said he had watched these things on videos shown to them by their grandfather.

The father of the boys had full custody of the children and they all lived with their grandfather, the court heard.

During testimony, the seven-year-old said among other things, that they would watch films with their grandfather. He said that if his grandfather saw something inappropriate on television he would immediately switch channels.

The six-year-old testified that he had seen films "pastazi" but they consisted of blood and worms coming out of people.

Films seized from the grandfather's house were not pornographic but adult nonetheless, the court heard.

Magistrate Audrey Demicoli said that the boys' testimony was inconclusive and their testimony evasive, but she noted that while they said they watched gory scenes they did not describe watching anything sexual.

She also noted that the son of the accused, the boys' father, had renounced criminal action against the accused. She declared the proceedings extinguished.