A foreigner was acquitted of defiling a minor, after the Court of Magistrates ruled that the prosecution had not presented sufficient proof against him.

Latvian Viktors Barilaks, 43, had been charged with defiling a foreign student and with indecently assaulting her in St Julian’s on 28 July 2002.

He was charged with defiling the 15-year-old girl, who testified in court, but she was not always sure that she recognised the accused.

The girl had reported to her group leader that while she was walking to her hotel, a man had approached her and touched her private parts.

Denying the allegation, Mr Barilaks told the court that he happened to be in the vicinity of the hotel on the night in question and, having heard the girl scream, he had gone to see what had happened.

The court noted that the police had not handled the identification procedure well and that the girl could have been influenced to identify Mr Barilaks while he was being held by security guards.

Moreover, the court also noted that the prosecution had failed to interrogate the group leader and had not even provided any evidence regarding the security guards.

As a result of the lack of sufficient proof, the court cleared the man of the charges brought against him.

Magistrate Jacqueline Padovani presided over the court.

Police Inspector Martin Sammut prosecuted. Dr Cedric Mifsud and Dr Michael Camilleri appeared for the Latvian.