A learning support assistant has been cleared of sexually abusing and defiling an 11-year-old girl with intellectual disabilities after a court ruled that the claims had not been proved beyond reasonable doubt.

In a reaction, the Malta Union of Teachers welcomed the decision. It said the case had been totally made up by the girl’s parents who wanted to take revenge onvthe LSA for reporting a burn on the minor.

However, the legal counsel of the parents refuted the claim saying it was "false and unfounded". It could not have been possible as the sexual abuse report had already filed with the Education Department when the alleged burn was reported to the head of the School, the lawyer said.

The case dates back to November 2011, when the girl’s parent had filed a report with the police. The girl suffered from a condition called Global Development Delay, which impaired her intellectual development.

Representatives from Aġenzija Appoġġ subsequently spoke to the girl and compiled a report. The LSA denied all charges.

In its decision, the court, presided by Magistrate Joe Mifsud, pointed out that the version of events given by the accused and the alleged victim conflicted with each other.

While the minor confirmed with a certain degree of difficulty, “perhaps aided by the questions posed to her on the nature of the abuse allegedly suffered” the defendant was consistent throughout the case and her behaviour did not indicate that she should not be believed, the court said.

It also pointed out that prior to this case, bullying allegations had been made against a private school which the girl used to attend. The court heard how the head of the primary school of where she had been transferred had taken extra care from the very beginning to give her a head start, but later she started suffering from school phobia.

The headmistress also pointed out that the minor had very challenging behaviour and struggled to communicate and so had decided to assign her this particular LSA, who she deemed as one of her most dedicated.

In its decision, the court questioned several aspects of the investigation, including the reason why the vice squad was never involved, and why no psychologist was appointed to report to the court on the girl’s condition.

It also flagged that fact that the father was not summoned to testify and that the report had not been filed immediately after the alleged abuse. It also noted that no explanation was given about the burn scar on the girl’s body.

The magistrate said that the prosecution had failed to corroborate the girl’s claims beyond a reasonable doubt and the only conclusion it could draw was that the LSA was not guilty.

It also criticised the lengthy proceedings of the case saying that such situation was unacceptable. The magistrate called for legislative measures to ensure that such cases would be dealt with in reasonable time.