A 47-year-old man today denied sexually abusing his 8-year-old daughter, who suffers from Down syndrome. The man’s lawyers claim that the girl was promised gifts in return for making up a story against her father.

The man, who cannot be named by order of the court, was accused of participating in sexual activities with the girl and defiling her.

The prosecution said the police had been alerted about the case by Agenzija Appogg which had, in turn, received a report from the girl’s school. The girl claimed she was being sexually abused by a man whose name is the same as her father’s. It later emerged that the alleged abuse took place at home. The accused was then arrested.

Defence lawyer Michael Sciriha contested the validity of the arrest, insisting that the real story was somewhat different. The girl, he said, had been promised gifts in return for claiming abuse by her father. He also pointed out that the girl’s Learning Support Assistant was relatively new, a fact which was unknown to the police. “I do not wish for a repetition of a case that took place some months back when a man was accused of sexual abuse only for the allegations to be proved false at a later stage.”

The Inspector said she had spoken to the mother and then to the girl in the presence of Appogg members.

Magistrate Ian Farrugia ruled that the arrest was legal since the crime the man is being accused of is an arrestable offence.

Continuing, Dr Sciriha said the accused had recently been discharged from hospital, having undergone cardiac surgery.

The lawyer filed a request for bail, pointing out that the accused had cooperated fully and shown he was a trustworthy person.

“My client strongly objects to the charges levelled against him. He has dedicated his life to his daughter and takes her to school every day. He is doubly hurt – because of his love for the girl and the fact that, maybe out of innocence, she has accused him of doing such things.”

The lawyer said tha accused satisfied all criteria for bail. "There is no reason for him to abscond and wants this to be over as quickly as possible so that he can go on enjoying life with his daughter. “

Dr Sciriha said the man would live with his mother in another locality for the duration of the case and was willing to completely avoid going to the locality where his daughter lives. “All this shows where this case is heading. My client believes in the truth and he has not spoken to or approached the girl. He has already passed his test, adding that these concessions were in no way an admission of guilt."

The prosecution objected, on the basis of the seriousness of the charges and the fact that the girl was still living with her father, therefore the risk of tampering with evidence. The girl is doubly vulnerable due to her age and condition. The police, she said, were aware of the man’s medical condition and he did not require any further cardiac investigations. If bail should be granted, the court should make sure that the man did not approach his daughter.

Magistrate Ian Farrugia said the court could not, at this point, go into the merits of the case. The court was concerned about the possibility of tampering with evidence and would not take any risks. He instructed the prosecution, however, to bring forward the girl and her mother as witnesses at the very first sitting.

The court also forwarded a request by the defence for the accused to be kept at Mount Carmel’s forensic unit, due to his medical condition.

Dr Sciriha also asked the court to forward a request to the Director of Education to replace the girl’s LSA “in view of previous reports she had made which turned out to be untrue.”

Lawyers Michael and Lucio Sciriha appeared for the accused.