A court has acquitted a Gozitan Learning Support Assistant of sexually abusing an 11-year-old girl who has learning disabilities after finding that the girl’s testimony was highly inconsistent and declaring that the prosecution had failed to prove its charges beyond reasonable doubt.
Karen Mercieca, 33, from Qala, Gozo had been charged with defilement, violent indecent assault and offending public morals.
The police launched an investigation in 2011 after the girl claimed that the LSA had touched her inappropriately at the Ghajnsielem Primary School. A report was also filed by two APPOGG members, who had spoken to the alleged victim. Ms Mercieca denied the allegations from the start.
The court, presided by Magistrate Joseph Mifsud, heard how the girl suffered from Global Development Delay, which means she had a lower intellectual functioning than what is perceived as normal.
She had previously attended a Church school but left, with her mother claiming that the girl was being bullied by the school administration. The Ghajnsielem Head of School said the girl immediately showed signs of school phobia and would not want to go to class.
Ms Mercieca’s defence team pointed out inconsistencies in the girl’s testimony. Initially she had said she was alone in the classroom with the accused but then said she could not remember if there were others present. At one point she said she was wearing trousers, which then changed to a skirt and then into a dress. She first claimed the woman touched her through her underwear but later said she had undressed her. In one version the classroom door was open and in another it was closed.
The testimony given by social workers, who reported what they had heard about the case, had to be treated as hearsay, which was not considered as admissible proof.
The court noted that it could not declare guilt in view of these inconsistencies and the prosecution’s failure to prove the charges beyond a reasonable doubt. On the other hand, Ms Mercieca had been consistent throughout and there was nothing to indicate that she was not being truthful.
The LSA was also described by the Head of School as a truly dedicated person who would spend hours of her free time preparing the necessary resources for the girl. Mr Mercieca, she said, was the ideal person to work with the girl.
The court also pointed out certain failures by the prosecution and asked why the father had not been summoned to testify and why a psychotherapist was not appointed to report about the girl’s condition and if she had really been abused. Why was the Vice Squad not called in, and why was the charge sheet signed by two police inspectors when one of them took no part in the court case?
It also raised doubts on the fact that the police had not been called in immediately after the girl claimed abuse and why the accused was let into their home after the claim was made.
The court said in view of these reasons it was acquitting Ms Mercieca from all charges.