A 65-year-old man was jailed for seven months yesterday after he was found guilty of violent indecent assault on an 11-year-old girl in Zabbar.

The incident took place early in the morning on 12 January 2004 when the man, Nazzareno Abela from Fgura, was driving a minibus taking children to school. The court heard how Abela picked up the girl first and took her to a secluded place in Xghajra on the outskirts of Zabbar.

The court heard how the minibus driver sat near the girl and kissed her on the lips. Although she told him to let go of her, he kept her seated and touched her legs and her breasts.

The girl, who is not being identified by court order, tried to leave the minibus, but the man violently kept her sitting down while he continued to touch her.

In his statement, the accused admitted that he had got hold of her head, turned it and kissed her on the lips and also that he had touched her legs and breasts by mistake.

Magistrate Lawrence Quintano referred to the testimony of the young girl, who told the court exactly what had happened that morning. The magistrate heard the girl say that she had forgiven the man for what he had done to her, although she admitted that she had had a number of sleepless nights after the incident.

Magistrate Quintano said the charge of defilement of a minor had not been proven, and he referred to previous court cases and legal documents on the subject. He said that, in view of the girl’s statement that she had forgiven Abela, he was jailing him for seven months instead of the maximum of 12 months.

Police inspector Anthony Cassar prosecuted.