Man who stands charged with rape breached bail con­di­tions to at­tend Hal­loween party

Malta Independent - - NEWS - Neil Camil­leri

A Libyan man who stands ac­cused of rap­ing a Hun­gar­ian woman last Fe­bru­ary was hauled back to a court­room yes­ter­day af­ter­noon for hav­ing breached his bail con­di­tions to at­tend a Hal­loween party.

26-year-old Ezzedin Salem Elouad, of Tripoli, sobbed qui­etly as he waited for his turn on the dock.

Mag­is­trate Donatella Frendo Dimech, who put off the case for sen­tenc­ing on 30 Novem­ber, told Mr Elouad that there was no use cry­ing now.

Po­lice in­spec­tors John Spi­teri and Matthew Spag­nol pros­e­cuted. Lawyer Arthur Az­zopardi ap­peared for Mr Elouad.

Mr Elouad was charged with rap­ing and slightly in­jur­ing a 27-year-old Hun­gar­ian woman in Triq il-Wilga in Paceville on 6 Fe­bru­ary, 2016. He de­nies the charges.

Mr Elouad, an asy­lum seeker, had been ar­rested af­ter po­lice were alerted about the woman, who was sit­ting on the steps of an apart­ment block. She had al­legedly iden­ti­fied the ac­cused as her ag­gres­sor. The court had heard that the woman smelled of al­co­hol when she was found.

At an­other sit­ting, the court had heard how the woman had suf­fered var­i­ous bruises but no le­sions were found in her pri­vate parts. But the ab­sence of marks might have been due to a lack of resistance, as the woman was heav­ily ine­bri­ated.

How­ever, the woman had told the po­lice that she had only drunk half a bot­tle of sparkling wine. She said she was danc­ing in a club but sud­denly found her­self in an apart­ment, where she was slapped by two men, one of them named James, and sub­se­quently raped. Af­ter the al­leged or­deal she had man­aged to es­cape. The woman also told in­ves­ti­ga­tors that she suf­fered from bipo­lar dis­or­der.

A foren­sic pathol­o­gist had told the court that she had ac­tu­ally con­sumed con­sid­er­ably more than half a bot­tle of wine. As for the in­juries, he said that the woman was found with bruises near her eye, in her shoul­der and el­bow, as well as a love bite on her neck. How­ever, no le­sions were found in her pri­vate parts even though med­i­cal tests con­firmed that in­ter­course had taken place. The ac­cused also had scratches on his body, as well as a bruised lip and a love bite on his shoul­der.

The court ex­pert had tes­ti­fied that the lack of marks on her pri­vate parts could mean that there was ei­ther no forced pen­e­tra­tion or full co­op­er­a­tion.

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