An elderly man accused of defiling his 14-year-old neighbour and holding her against her will last Saturday was today remanded in custody after pleading not guilty to charges made against him.
The 69-year-old Italian national was charged with attempted violent indecent assault, with having held the girl against her will and having defiled her when he forced her to participate in lewd acts in St Paul's Bay.
His lawyer contested the validity of the arrest, pointing out that his client had been handcuffed and taken into police custody before having been told why he had been arrested.
However, the prosecution rebutted this by saying the sergeant in charge had informed the man that he was being arrested in connection with an alleged sexual wrongdoing, which is an arrestable offence. This meant that no arrest warrant was necessary.
The defence next requested bail, pointing out that his client was an elderly man suffering from medical conditions. Moreover, the accused was to be presumed innocent until proven guilty.
The court, presided over by magistrate Grazio Mercieca, was also told that the victim had allegedly lied about her age. The man had reportedly insisted that whatever had occurred between him and the girl had been consensual, the defence lawyer pointed out.
The prosecution strongly objected to this line of argument, pointing out that "defilement of minors is a very serious offence." Moreover, in this case the alleged victim, who was a neighbour of the accused, was still to testify.
The court upheld the objection of the prosecution and ordered the accused to be remanded in custody. The prosecution bound itself to summon the civilian witnesses in the first hearing.
The court recommended that the prison director was to take note of the advanced age and fragile medical condition of the accused and to provide him with all necessary medical care.
The court ordered a ban on the publication of both the victim's and the accused's name so as to protect the identity of the young girl.
Inspectors Godwin Scerri and Paula Ciantar prosecuted. Lawyer Benjamin Valenzia was legal aid.