A man on Monday was cleared of sexually abusing an eight-year-old child after a court concluded that the girl might have misinterpreted the accidental gestures of the accused whilst playing with children in the shallow waters of Pretty Bay.

The alleged incident had taken place in July last year when the 40-year old had been spending the day with his young niece and other relatives at the beach.

His niece’s friend, an 8-year old girl who used to spend time at a Church home, had been one of a group of 20 children on an outing with the nuns and other helpers.

The man had spent time playing with the two girls in shallow water, lifting them and throwing them playfully, in view of other bathers.

Later that evening, upon returning to her family home, the girl had confided with her mother that her friend’s uncle, - the accused - had touched her indecently several times, once even slipping his finger inside her panty, besides brushing his private parts against her thighs.

A report was filed and criminal charges for sexual abuse and defilement of the minor were instituted against the man. He protested his innocence all along, insisting that he might have only accidentally brushed against the child whilst frolicking about in the water.

After the games, the girl had even joined his niece and other relatives for an ice cream, the accused had testified in court.

The court closely examined three times the audio and visual recording of the alleged victim’s testimony, upon which the prosecution had founded its case.

Magistrate Audrey Demicoli observed that the accused had been playing with the girls very close to the shore. Other children, the nuns and helpers were in close proximity.

Yet no one had seen “absolutely anything”, the court noted, questioning whether someone “would do such acts so flagrantly in open view of a considerable number of people”

The court further observed that a few days before the alleged incident, the girl’s mother had spoken to the little one about the topic of sexual abuse, warning her to speak only to her mother should anything of the sort happen to her.

The young child might possibly still have been impressed by her mother’s advice which might have caused her to misinterpret accidental touching with indecent behaviour on the part of the accused in the course of innocent games at the beach.

In the light of such evidence, the court concluded that the prosecution had failed to prove its case beyond reasonable doubt and therefore cleared the man of all accusations.

Lawyer Joseph Giglio was defence counsel.