The Malta Independent 16 May 2024, Thursday
View E-Paper

Court: Trial By the bench: Minors tell counsellor how they were abused and raped

Malta Independent Wednesday, 4 October 2006, 00:00 Last update: about 11 years ago

A Criminal Court heard yesterday how two brothers, aged 10 and 11, claimed they were repeatedly raped, defiled and sexually abused over a number of years by two men, also brothers, who were looking after them.

The trial by the bench, which is being presided over by Mr Justice Joseph Galea Debono, is that of Anthony Pandolfino, 63, from Pembroke and his brother Dennis Pandolfino, 58, from Sliema.

The men are being accused of raping the two brothers, defiling them, holding them against their will and being in possession of pornographic material in 2002 and the preceding months. They are pleading not guilty to the charges brought against them.

Yesterday, the court heard child counsellor Micheline Sciberras state that during her sessions with the two boys, who are now 14 and 15 years old, they explained the sexual acts that the men used to perform on them as well as things they were forced to do.

The younger of the two brothers, she told the court, was more open about the matter. She said that during her sessions with him, he usually drew graphic images to explain what used to happen between him and Dennis Pandolfino and, to a lesser extent, Anthony Pandolfino.

She said the boy spoke in detail about what used to happen at home and would usually end up crying. She said he told her that Dennis Pandolfino usually touched his private parts from over his clothes as well as underneath and how he had been doing so since he was eight years old. He was 10 at the time.

Ms Sciberras explained in detail that the boy had told her that Dennis Pandolfino performed what the boy described as “pastazati” (rude things) mainly during the summer holidays in the man’s home in Sliema.

The 10-year-old boy told her that Dennis usually showed him pornographic magazines as well as posters of naked men and women. He also told her that Dennis had several other similar pictures and videos on his computer at home and also in the top drawer of a chest he had in his study.

In one of his drawings, the boy drew a police car and a policeman and told the counsellor that he hoped that the police would “save” him and his brother from the two men because of what they were doing to them.

The counsellor explained that, following these sessions with the younger brother, she proceeded to speak to his older brother. She said the 11-year-old told him that Dennis usually touched the boy’s private parts and also asked him to touch and play with his. The boy also claimed that Dennis had taken a photo of his brother when he was naked.

Ms Sciberras said the boy told her that Anthony showed him pornographic material on television as well as on his computer. She said that during sexual acts in his bedroom he used to hurt a lot and also used to scream, but no one ever heard him. After these sessions, he found it difficult to walk.

The boy told his counsellor that Anthony, who he called “Tony” and sometimes also “daddy”, used to film boys, who he said were around 15 years old, doing rude things.

One day, the boy told her, when he was staying at Anthony’s house, he (Anthony) told his 10-year-old brother to go to sleep in his bed. The boy said he noticed that Tony was naked and in an attempt to protect his younger brother, stopped him from going into his bedroom.

The counsellor said the boy referred to Dennis as a pig and said he was scared of Tony because he had a firearm and he was scared he would use it on him. He said he was only eight years old when the abuse began.

Earlier during yesterday’s sitting, Police Inspector Louise Calleja had taken the stand. She said she had received a report of alleged abuse on a 10-year-old boy. She said that when she spoke to the boy, he told her that Dennis Pandolfino had raped him and shown him pornographic material on television and on his computer.

The boy told Inspector Calleja that he had a brother who was living with Dennis Pandolfino’s brother, Anthony, who was also doing the same things to him. She said that the police subsequently received anonymous information that the 11-year-old boy was showing signs of abuse as he was not walking well and had marks that looked like love bites on his neck. However, when social workers spoke to him, he would not talk to anyone.

She said that care orders were issued for both brothers and the residences of both Pandolfino brothers were searched simultaneously.

She said that in his statement, Dennis Pandolfino admitted to owning pornographic material but denied abuse, while Anthony Pandolfino confirmed that sexual acts had taken place but said it had been at the child’s request. He added that he had never forced the child to do anything and that both he and his brothers were attracted to boys.

Anthony Pandolfino said that the boy loved sex but that he wanted to cut it out, Inspector Calleja testified. He added that his brother Dennis had similar tendencies but said that he never left the boy with him because he might abuse him.

At the beginning of yesterday’s sitting, the prosecution and the defence argued at length over the recent amendment to the law with regard to the testimony of children in abuse cases. Through this amendment, children will not need to testify during the trial but Mr Justice Galea Debono ruled that since the alleged crime took place before this amendment was introduced in September this year, the defence lawyers will have the opportunity to cross-examine the boys.

The case continues today when the two boys are expected to testify through video conferencing.

Senior Counsel to the Republic Anthony Barbara is prosecuting. Dr Joseph Mifsud is appearing for Dennis Pandolfino and Dr Joseph Giglio is appearing for Anthony Pandolfino.

  • don't miss