A man has been cleared of sexually harassing a minor amid doubts about the alleged victim's credibility.
The case was dismissed in a hearing Monday, with the court noting there was no evidence the man had committed the alleged crime while pointing to inconsistencies in testimonies given by the alleged victim.
The court noted that CCTV footage reportedly showing the girl laughing following the alleged incident was not presented in court.
The footage had been collected during an internal investigation by the workplace where the alleged incident had taken place, which found no evidence of wrongdoing.
The harassment allegedly took place on April 7, 2022, at a residence where both the alleged victim and the accused worked.
The girl, accompanied by her mother, had filed a police report at Paola police station, telling officers she had been sexually harassed by her colleague while on a placement at a residential care home.
She alleged that the aggressor, who gave lessons in physical contact sport, had called her into his office after she attended one of his lessons and allegedly told her he wanted to have sex with her on his table.
The girl also alleged that he put his hands inside her clothes, rubbed her abdomen and tried to kiss her over her clothes. It was only when he received a phone call that he left the office, she said.
The minor claimed he asked her if he made her feel uncomfortable and asked whether he should resign.
The man was subsequently accused of subjecting the minor to sexual acts and performing non-consensual sexual acts on the then 17-year-old girl.
Taking the witness stand in court, the alleged victim said she had complained to the accused that her work clothes were too big for her, and that he had told her to let them slip off. She said she felt uncomfortable with his alleged remark.
The girl then alleged that the accused had told her he wanted to show her something and told her to lie on the floor. She said he went round the room checking for cameras before lying down on her.
She said she had confided in him about self-confidence issues and showed him photos of herself when she weighed more, and that he had allegedly remarked that he wanted to have sex with her.
The girl said the man put his hand under her clothes, touched her abdomen and kissed her breasts over the clothes, and it was only when he received a call that he stopped. She alleged that he repeatedly asked her if she was ok and asked for forgiveness.
Testifying in court, the accused said he had organised an activity for the residents and that despite her asking her to go back to her work after it finished, she remained behind asking him about the classes.
He said the then-teenager followed him to his office and began talking about losing weight, showing him several photos and videos while he tried to work at his computer. He said he had told her that with a little bit of training, she could build her self-confidence.
The girl then showed him a video of her kissing a third party at a bar, he said. The man said that he insisted to the alleged victim that there was no need to show him the videos and photos, but she persisted.
It was only when he got a call requesting his assistance that he left the office, and she followed him.
An internal investigation, launched following the police report, collected CCTV footage which showed the girl laughing following the alleged incident, the court heard. The footage was not collected as part of the criminal investigation and was not presented in court.
The accused noted the girl had separately alleged that one of the residents had asked her to touch his genitals. The accused had informed the man's family, and a separate internal investigation found no evidence of that claim.
The court held that the girl's testimony was inconsistent. It observed that there was no tangible and concrete evidence showing the man had committed the offences he was charged with.
It also found that there were several shortcomings in the evidence gathered by the prosecution. The different versions the girl had given led the court to declare her testimony as inconsistent.
The court observed that the case rested on the credibility of the witness, noting she had been inconsistent in her allegations from the beginning of the case. This was contrasted with the version given by the accused, who released a statement to the police and testified in the criminal proceedings against him.
The girl had alleged in court that the accused touched her abdomen, while she told the police that he touched her breasts from underneath her bra.
The court also found that the CCTV footage not being presented in court was detrimental to the case. Had such footage been presented, the court could have verified the girl's behaviour and whether she was truly afraid and uncomfortable as she had testified.
It was also observed that the girl's phone had not been analysed to see if the videos and photos referred to really existed.
Moreover, the fact that the internal investigation found no wrongdoing dealt another blow to the girl's credibility.
The man was acquitted of sexually harassing the girl, with the court holding that his version was truthful and there was no evidence that he had actually harassed her.
He was also acquitted of committing non-consensual sexual acts on the girl due to a lack of evidence.
Magistrate Claire Stafrace Zammit presided.
Police inspectors Kylie Borg and Jonathan Cassar prosecuted.
Lawyers Franco Debono, Marion Camilleri and Adreana Zammit appeared for the accused.
Lawyer Arthur Azzopardi appeared for the teenager.