The police inspector who prosecuted a man who was wrongfully imprisoned after his daughter made up claims of sexual abuse could not have been unaware of several pieces of evidence that put the daughter's claims in serious doubt, a court heard today.
Lawyer Tonio Azzopardi was making his final submissions in the constitutional case filed by Emanuel Camilleri against police Inspector Louise Calleja, who had led the prosecution, claiming he had his right for a fair trial breached.
Mr Camilleri's daughter, Leanne, had admitted to fabricating the story which landed her father in prison for almost 400 days. Mr Camilleri was provisionally released by the Constitutional Court in June pending the outcome of a case against his former wife, Lisa May Camilleri, who is accused of making up the abuse story.
The lawyer said he did not believe the Inspector when she said she was unaware of several Police Incident Reports about the girl's mother. Some of the reports stated that the mother was neglecting her son - Leanne's brother - and that he would on occasion be thrown out of the house and sleep on the streets.
"Inspector Calleja is not some newcomer. She is an experienced Vice Squad officer and we do not believe that she did not see any of them or that no one brought them to her attention."
The lawyer also said the police had intended to arraign the mother but, for some reason, this never happened. "We suspect that someone stopped the police from issuing charges against the mother. Someone along the way had a change of heart and someone had to have been behind it."
Dr Azzopardi also said the Appogg report, which had led to the initial investigation, put serious doubts on the girl's credibility. It stated that the girl used to lie a lot and was suicidal. The Inspector knew right from the start that the girl was a liar.
A gynaecologist's report had shown that there was no evidence of sexual violence but Mr Camilleri had been charged nonetheless. Dr Azzopardi noted that he had been charged with defilement and not rape, and said the Inspector issued a lesser charge for not wanting to drop the case. "The Inspector came to the wrong conclusion despite the fact that there was important evidence that she was duty bound to investigate and bring to the attention of the court."
Dr Azzopardi told the presiding Judge, Mr Justice Joseph R. Micallef, that there was a miscarriage of justice. He also directed some of his criticism towards the courts. The lawyer said the Magistrate's Court, presided by Magistrate Miriam Hayman, had refused to allow a lawyer who had spoken to the girl - Stephanie Galea - from testifying. The girl had first told the lawyer that she had been raped, then denied it, before reverting back to the original version before a Magistrate.
Dr Azzopardi also criticised the fact that sexual abuse cases are always presided by the same Magistrate. "Familiarity breeds contempt."
Both the Magistrate's Court and the Appeals Court had discarded important evidence that would have kept the prosecution from proving its charges beyond reasonable doubt.
Dr Azzopardi said Mr Camilleri had been denied access to important evidence. Despite these reasonable doubts, the court still ruled that the girl was credible and reliable. The Inspector was responsible for the suppression of exculpatory evidence. "Miscarriage of justice and a wrongful conviction is the antithesis of a fair trial."
Dr Azzopardi said he was sorry that, despite Mr Camilleri's proven innocence, the authorities are still finding it hard to accept the result of that inquiry. These include Inspector Calleja, who kept insisting that she believed the girl's original testimony, rather than her recent admission.
The interim measure by the Constitutional Court to free the man should have set an example for the authorities, but this was sadly not the case.
The lawyer said he has mixed feelings about the story. Part of him is satisfied that justice was finally carried out. The other part is very disappointed that Mr Camilleri was wrongfully convicted and spend almost 400 days behind bars.
Defence says lawyer attacking Inspector because he cannot criticise the courts
The Inspector's defence team, however, is insisting that Dr Azzopardi is attacking Ms Calleja as a way to get back to the courts because he knows he cannot openly criticise them.
Lawyer Arthur Azzopardi said the magistrate's court had to take a decision based on the evidence presented before it at the time and new evidence cannot be brought into the equation. The court cannot be accused of breaching someone's right to a fair trial if the relevant evidence was not available at the time.
"The defence team has repeatedly claimed that the girl used to lie. The fact is that her testimony before the courts was always consistent. Her version never changed and it led to a conviction."
The lawyer also said the parts in the Appogg report claiming that the girl was a liar were based on hearsay. The court had decided, based on her evidence, that the charges were proved beyond reasonable doubt. Both sides had also had the chance to present all the witnesses they wanted and cross-examine them. The courts had carried out their duties well, he said.
Dr Tonio Azzopardi was free to believe that Inspector Calleja was aware of the reports but a case is built on evidence, not personal opinions. He also questioned why Mr Camilleri had not presented the police reports during the initial case. All Inspector Calleja did was act like a police officer. She investigated and took someone to court. Judgement was not up to her.
Sentencing will be delivered on 12 February.