Former Nationalist MP Richard Muscat resigned his post as Malta’s Ambassador to the Republic of Ireland yesterday after a series of articles appeared in the Irish press in the past days reporting an offence allegedly perpetrated by his son in October 2006.

Minister for Foreign Affairs Michael Frendo accepted the resignation and thanked Ambassador Muscat for the service he gave to promote the excellent relations between Malta and Ireland during his term of office.

A Note Verbale delivered by the Ministry to the Embassy of Ireland in Malta, while noting that it has been informed that no diplomatic immunity has, to date, been invoked, formally stated that it waives the diplomatic immunity of the person allegedly involved in the incident with regard to the continuation of any investigations and/or judicial proceedings and their outcome.

In his letter, Mr Muscat said the Irish press’ allegations against his son were “unfounded and baseless”.

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Last week Dr Frendo reappointed Muscat as Ambassador of the Republic of Ireland until 31 July 2008.

The Opposition had criticised his reappointment because of “his administrative shortcomings” and his direct involvement in the bankruptcy of the Malta-Libya owned radio station, Voice of the Mediterranean, in 2003.

The Auditor General and the Public Accounts Committee in the Maltese Parliament had also investigated Richard Muscat.

The Malta Independent on Sunday, through contact with Dublin’s Evening Herald, has learned that the ambassador’s wife, Joyce Muscat, confirmed that her son was a suspect in the case. Massimileno Muscat was arrested by Irish gardai (police) on 24 October last year, close to Herbert Park.

Sources at the Evening Herald said the case made the headlines when the alleged victim, 20-year-old Christina Leech-Cleary broke her silence to vent her disgust after learning that no charges will be pressed against Massimilieno Muscat due to his father’s diplomatic position.

Mrs Muscat was also reported to have told the Herald that her son had subsequently claimed immunity from prosecution. She did not, however, disclose his whereabouts, but did say “steps had been taken” in relation to the issue.

Mrs Muscat did not comment further, explaining that her husband was not at home. It is understood that the alleged suspect still lives with his parents in a middleclass area of Dublin. The Maltese embassy also declined to comment, the Herald said.

The newspaper reported that there was “widespread shock in the embassy belt as the father of the alleged attacker is a well respected and long-standing diplomat”.

Ms Leech-Cleary condemned the system that at that point looked like her alleged attacker would walk free.

Diplomatic immunity can be suspended in certain “extraordinary” cases, sources told the Evening Herald, which has been in contact with The Malta Independent on Sunday.

The sex attack allegedly occurred in Herbert Park Road in Ballsbridge on 24 October in the middle of the afternoon.

Christina was walking along the road carrying a number of books when a man approached her asking for directions. “At the start I just thought he was a normal guy. I just assumed he was lost. I didn’t think he was dodgy at all and then he grabbed me,” she told The Evening Herald. “At first I thought he was going to steal my bag but then I realised he was actually dragging me down the road. I got the fright of my life; I thought he was going to rape me. He had his hand down my top as he was dragging me,” Christina maintained.

The young college student began to fight back as the man attempted to pull her in the direction of Herbert Park. He left the scene after she had struggled with him for some time. Eventually she managed to scare him off. She immediately ran to her mother’s car and told her of the ordeal.

Christina is then understood to have called Donnybrook gardai who were on the scene within minutes. They arrested a man, who was later identified as Richard Muscat’s son.

“I thought the matter was being dealt with and then last month the gardai rang me saying there was no point continuing because he was the son of a diplomat and had diplomatic immunity,” she said.