A man who had been serving a two-year prison term for allegedly sexually abusing his daughter has been released from prison on orders of the  Constitutional Court after serving 400 days in prison.

The court declared that it was worried about the particular circumstances of this case as it resulted that the daughter had lied under oath and that the inquiring magistrate had recommended that criminal proceedings be filed against the daughter and her mother. This was a serious enough circumstance to justify the provisional release of the man from prison.

The court concluded by stating that the order to release the man was a temporary measure and was not intended to be a ruling on the man's guilt or innocence.

The man was released on condition that he did not leave the country and that he was make himself available to the prosecution. He was also ordered not to make any contact with his daughter and her mother.

The man was driven out of the prison in a police car at about 12.45 accompanied by a police inspector and his lawyer. He did not comment, but his waiting partner shouted 'grazzi' to the lawyer, Tonio Azzopardi.

The man was driven to Addolorata Cemetery where he prayed at the grave of his teenage son.

Dr Azzopardi said he was satisfied with outcome and always confident that a way would be found for this  huge problem. He thanked the police, particularly Inspector  Sandro Camilleri. for their assistance.

The man had been convicted by the Magistrates' Court and his conviction was upheld on appeal. He had, however, always insisted he was innocent and a magisterial inquiry led to the daughter changing her version of events. Her mother was charged with perjury.

In comments to The Sunday Times of Malta yesterday, the man had said he was hopeful justice would prevail.

“This struggle has broken me, mentally and morally. But at the end of the day what matters to me is that my name is cleared,” he said in his first comments to the media from prison.

After this new evidence emerged, a hearing was held Friday afternoon on an urgent application filed earlier in the Court of Appeal by the man’s lawyer, Tonio Azzopardi. In his application, Dr Azzopardi claimed a miscarriage of justice had occurred.

In his comments to The Sunday Times of Malta, the man said: “I can never repay my partner. When all this started 12 years ago, we had just started seeing each other. She could have easily walked away. But she stuck by me. She believed in me. She stood by my side, fighting for the truth to emerge.

“She is still there supporting me and hoping that I may eventually be released. Then, maybe, we can start to rebuild our lives.”

He also showered praise on his lawyer, the Police Commissioner and Inspector Sandro Camilleri appointed to the case.

“They restored my belief that there are people out there who have a conscience and who believe in justice.”

The case has triggered off an online campaign calling for his release. A petition organised by Xarabank has attracted more than 4,000 signatures.