Doubts on the credibility of a 13-year-old girl who lost her mother at a very young age led to the acquittal of a distant relative who had been charged with sexually abusing her.

The police had been alerted on the case in 2011 by government entity Aġenzija Appoġġ, which raised the alarm about two members of the girl’s family, including the accused.

The man, whose name cannot be published by court order, was related to the minor’s mother who passed away about 10 years ago due to a terminal illness. Due to her mother’s inability to take care of her, the girl spent some time living in children’s homes and was subsequently adopted.

Unfortunately, the minor experienced further trauma at such tender age claiming she was being mistreated by her adoptive parents, to the point that she escaped.

Due to her mother’s inability to take care of her, the girl spent some time living in children’s homes and was subsequently adopted

She then sought refuge with the accused and his wife but after some time went to live with her aunt where she also did not last long. It was during this period that the minor claimed she had been abused both by the defendant and her aunt’s husband.

In the case of the accused, the girl alleged that when she was about six years old she had been shown pornographic material during a sleep over. She claimed that the defendant had induced her to commit indecent acts, touched her private parts and took photos of her while in the bathroom.

The minor claimed that she did not tell anyone about the abuse as she feared she would be sent back to her adoptive parents.

On his part, the accused told this court that the minor was a hardheaded child who always wanted to do things her own way. He referred to the warning given to them by the Appoġġ social workers who had told them that the girl sometimes mixed things up and was not completely reliable.

The defendant also pointed out that such abuses could not have been committed, saying that when she was six she still lived at a children’s home.

In its decision, the court, presided by Magistrate Audrey Demicoli, expressed sorrow at the girl's traumatic childhood, noting it was struck by her “indifferent” and “cold” attitude while testifying.

But there were instances when doubts emerged on her credibility due to a number of discrepancies, the magistrate said.

It was hard to understand why the girl had gone to live with the family of the accused if the latter had previously abused her, the court remarked.

While noting that it was evident that the minor had in fact been subjected to sexual abuse at some stage in her life,  the court expressed doubts about the allegations against the accused.

The magistrate pointed out that the accusations issued by the police were wrong, as the alleged abuses were committed years and not months before 2011 as the prosecution had indicated on the charge sheet. Consequently the man was acquitted of all charges.

Lawyers Stephanie Abela and Andy Ellul were defence counsel, while police inspector Louise Calleja prosecuted.