The Malta Independent 19 April 2024, Friday
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Wrongfully convicted father's name removed from paedophile registry as court rules sentences invalid

Gabriel Schembri Thursday, 29 September 2016, 12:30 Last update: about 9 years ago

Judge Joseph R. Micallef declared that the sentences handed by previous courts to Emanuel Camilleri, the father who was wrongfully convicted of defiling his daughter after his ex-wife coerced her into making up claims against him, as invalid.

Furthermore, the Civil Court also ordered Camillieri's name to be removed from the Paedophile Registry.

In the sentence, the Judge ruled that the process in itself was not unjust, but it was based on false testimony. Emanuel Camilleri left the court hall, accompanied by his wife, in tears. Lawyer Tonio Azzopardi appeared for Mr Camilleri.

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Emanuel Camilleri had filed an application requesting the court to look into his case as he claimed that he was denied the right to fair hearing and to request that his name is removed from the Paedophile Registry. Mr Camilleri filed the case against Louise Calleja, the prosecuting inspector.

Nationalist MP and Shadow Minister for Justice, Jason Azzopardi had filed a private members bill proposing that in exceptional cases where it can be proved that an error occurred throughout judicial proceedings, the Criminal Court of Appeal would have the authority to open up a new case via a referral from any Criminal Court.

Camilleri faced almost 400 days in jail. His case ended up in the media spotlight when the daughter had claimed in court that she was coerced by her mother to lie so that her father is put behind bars. Later,in 2014, Camilleri’s daughter, Leanne was handed a three-year probation order after she admitted to having falsely accused her father of rape. She had said that the sexual advances took place when she was just eight years old. Emanuel Camilleri was released following an interim mearuse by the Constitutional Court. 

Despite the Judge's decision which cleared Mr Camilleri's name, the Constitutional Court did not uphold the first request made by his lawyers, and it decided that the accused was given a fair hearing. It further clarified that the process was in order and that this was a case of a false testimony.

The court decided to revoke the sentences handed by the court of magistrates back in 2011 and the sentence handed by the court of appeal in 2013.

The case against Mr Camilleri was being led by Inspector Louise Calleja who was being represented by lawyers Stephen Tonna Lowell, Arthur Azzopardi and Kathleen Grima.

The court heard how Camilleri had married Lisa in 1992 and the two had two children. The two had separated in 2001.

The wife had told the headmaster of her children’s school and members of the M.U.S.E.U.M. to prevent her husband from contacting the children claiming that Mr Camilleri had sexually abused them.

In return, Mr Camilleri filed a criminal complaint against his wife accusing her of defamation. Meanwhile, the wife had filed a report with Appogg. A medical report had confirmed that the daughter, Leanne, was a virgin at the time but the father was still charged for corruption of minors and for forcing his daughter to perform indecent acts.

In 2011, a court of Magistrates had found Mr Camilleri guilty. His sentence was confirmed following an appeal in 2013.  Camilleri had filed constitutional proceedings and the police investigated the daughter for perjury. The daughter eventually admitted to having lied about the alleged rape.

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