Mario Ellul, 56, was today found not guilty of violent indecent assault on Petra Leiner, a German, holding her against her will and stealing her mobile phone.

Ms Leiner had claimed that on New Year's Day 2007 she had been walking in Tourists Street, Bugibba, when she saw a woman standing at the door of Mr Ellul's restaurant. She asked her where she could get a taxi from. She then went into the restaurant while the woman called a taxi.

The woman left after a few minutes. Mr Ellul had been sitting on her left and had asked her if she was single and what she was doing in Malta, among other things. He also allegedly started touching her shoulder and legs.

He then closed the restaurant's glass door. She asked him what she he was doing and said she wanted to leave.

He allegedly told her that they could continue to talk and do something. She repeated that she wanted to get out.

He then continued to touch her and tried to kiss her. She grabbed her mobile to try to contact the police, but he grabbed it from her. She fell to the floor and cried for help. She was then kicked as she was on the floor.

Mr Ellul denied all of the German tourist's claims. He said Ms Leiner had been drunk, as confirmed by the waitress. It was not true that he tried to touch her. Ms Leiner had told the waitress that she had just had an argument with her husband, who had allegedly taken their children.

The court said the accused was consistent in what he said, and in most cases his statements were corroborated. Furthermore, a medical examination showed no evidence of the kicking and a doctor only found small bruises on a knee and over an eye which were not consistent with kicking.