Attorney General Appeals Acquittal of Police Constable Accused of Rape and Harassment

Strategic Insights -

The Attorney General has filed an appeal against a court's acquittal of a police constable accused of raping and sexually harassing his female colleagues at the Msida police station. The appeal challenges the validity of a confession made by the defendant, which was deemed inadmissible as evidence by the original court. The defendant was initially cleared of rape charges but found guilty of harassing a teenage recruit and given a suspended one-year prison sentence. The Attorney General has now urged the court to overturn the acquittal and accept the confession as evidence, arguing that the confession lacks legal validity due to a change in the law regarding the cautioning of arrested individuals.

Key Takeaways:

  • The Attorney General has appealed the court's acquittal of a police constable accused of rape and harassment, citing the confession as evidence.
  • The defendant was initially cleared of rape charges but found guilty of harassing a teenage recruit and given a suspended one-year prison sentence.
  • The defence argues that the confession lacks legal validity due to a change in the law regarding the cautioning of arrested individuals.
  • The defence claims that the caution used was outdated and not in accordance with the 2016 amendment, which explicitly states that no inference of guilt can be drawn from unassisted interrogations.
  • The prosecution argues that the confession should be accepted as evidence, despite the defence's objections.
  • The case has been adjourned until July 10 for the court to reach a decision on this issue.
  • The alleged victim testified that the accused had raped her at the Msida police station, while another colleague testified that she had been subjected to sexual harassment by the officer.
  • The accused had made inappropriate comments, placed his hand under her, attempted to touch her leg, and made remarks about his hand slipping from the gear stick.
  • Prosecutors argued that both women had been traumatized by the abuse, which was committed by someone whose duty was to prevent crime.

Statistics:

  • The defendant was 33 years old at the time of the trial.
  • The alleged victim testified that the abuse occurred in February and March 2018.
  • Another colleague, a 19-year-old recruit, testified that she had been subjected to sexual harassment by the officer.
  • The accused had made inappropriate comments, placed his hand under her, attempted to touch her leg, and made remarks about his hand slipping from the gear stick.
  • The defence claims that the caution used was outdated and not in accordance with the 2016 amendment.

Sources:

  • "Attorney General files appeal against acquittal of police constable" - Journal of Malta
  • "Police constable acquitted of rape, guilty of harassing teenage recruit" - Times of Malta
  • "Defence argues confession lacks legal validity due to change in law" - Malta Independent
  • "Prosecution argues confession should be accepted as evidence" - Malta Today