Man not guilty of ex­pos­ing him­self in front of Castille dur­ing PL elec­tion vic­tory cel­e­bra­tions

Malta Independent - - NEWS -

A court to­day ac­quit­ted a man from charges of at­tempted in­de­cent as­sault af­ter it found that the pros­e­cu­tion had failed to prove its ac­cu­sa­tions be­yond rea­son­able doubt and noted con­tra­dic­tions in the tes­ti­mony given by one of the main wit­nesses.

Ibrahim Nour had also been charged with of­fend­ing public morals af­ter he al­legedly ex­posed him­self dur­ing the Labour Party’s elec­tion cel­e­bra­tions in 2013.

The first case al­legedly took place at around 8pm on 10 March 2013, near the Flo­ri­ana bus ter­mi­nus.

The sec­ond al­leged case took place a day later, as a crowd was wait­ing for the new Prime Min­is­ter to ar­rive at the Au­berge de Castille.

The al­leged vic­tim in the first case, Juliet Cas­sar, was never sum­moned to tes­tify.

With re­gard to the 11 March claims, Anne Marie Bon­nici said the ac­cused was stand­ing next to her and his man­hood was ex­posed. She said the man was mas­tur­bat­ing. A few mo­ments ear­lier she had felt some­thing “move up and down her back.”

Dur­ing the cross ex­am­i­na­tion she men­tioned that the man’s top was “propped up.” The court took this to mean that the ac­cused was touch­ing him­self un­der his shirt and that he was not ac­tu­ally ex­posed.

The wo­man’s mother, who was stand­ing close to her daugh­ter, had seen noth­ing but had heard her yelling ‘mah­mug’ twice.

In­spec­tor God­win Sam­mut said the ac­cused had ini­tially said he might have done the act while he was drunk. But the court said it could not take this as ad­mis­si­ble proof be­cause there had been no men­tion that the man was in­tox­i­cated.

Mag­is­trate An­to­nio Mi­callef Trig­ona said the ac­cused did not have to prove any­thing but, on the other hand, the pros­e­cu­tion had a duty to prove the ac­cu­sa­tions be­yond rea­son­able doubt and had failed. The main wit­ness had also con­tra­dicted her­self.

For th­ese rea­sons Mr Nour was ac­quit­ted.

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