An unemployed father, 47, has been remanded in custody after pleading not guilty to defiling his disabled eight-year-old daughter.

The court presided by Magistrate Ian Farrugia heard that the case came to light on April 26, when the police received a report from a learning support assistant at Aġenzija Appoġġ.

The prosecution said the girl, who suffers from Down's Syndrome, had mentioned her father's name, who was subsequently questioned and charged with participating in sexual acts and defiling a minor in his custody. 

During submissions for bail, the defence pointed out that its client who suffered from cardiac conditions had dedicated his life to the well-being of his daughter, to the point that he had even refused job opportunities.

"It could well be that in her innocence the girl made such claims," defence lawyer Michael Sciriha told the court. 

Nevertheless, the defence conceded that until the girl and the man's partner would be summoned to testify, he should not approach them in any way.

Dr Sciriha added that the accused had collaborated fully during his arrest and abided by the police bail conditions. Consequently, the defendant qualified for bail, the defence argued.

On its part, the prosecution objected to the request, due to the seriousness of the charges and fears that the defendant might approach the witnesses.

In its decision, the court noted the good behaviour of the defendant, but pointed out that to prevent any risk to tampering the evidence, it had decided to keep him in custody until his daughter and wife testified.

On the defendant's request, the court drew the attention of the prisons director on the man's medical conditions so as to decide the best location for his detention, possibly the Mount Carmel forensic unit. Furthermore, the prosecution took note for the witnesses to be heard as early as possible to limit the period of preventive custody.

During proceedings, the defence also requested the education authorities to replace the minor's LSA, saying that she had made a series of "incorrect facts". The court took note of this submission, and sent the request to the Director of Education and the school head to take necessary action.

Lawyers Michael Sciriha and Lucio Sciriha were defence counsel.