The Court of Appeal yesterday overturned a suspended jail term handed down to a Gozitan man who was found guilty of attempted indecent violent assault, ruling that the accused did not intend to molest the boy in any way.

The incident involved a 21-year-old who was originally given a three-year prison term suspended for three years at Ramla l-Hamra on 25 May 2006. The court, presided over by Chief Justice Vincent Degaetano, said that the incident had been blown out of proportion by all concerned, including the police who had issued the charges. He also said that after evaluation, it was clear that the man, although 20 years old at the time, was mentally immature.

It turned out that on the day in question, the man spoke to the mother of a British family at the beach, telling her that the water was full of jellyfish. There were two children present, a five-year-old and a 21-month old boy. The court heard that the mother of the child began to change the children and one of them was full of sand. The man, it turns out, pointed at the younger child, who the mother was swaddling in a towel to show her that he was full of sand. However, in doing so, he touched the child’s genitals. The court noted that this was done in the presence of the whole family and was not hidden in any manner. The family moved the man away from them and immediately filed a report at a nearby police station. Psychologist Denise Borg explained to the court that the man had communication disabilities, as well as being mentally immature. She also said that the man in question gesticulates a lot to communicate and had a mental age of between 10 and 14 years.

The psychologist also said that the man’s parents had referred him to the Oasi Foundation in Gozo as he had begun to try and communicate frequently on sexual issues. However, after being assessed there, it was found that he was showing a great commitment to learn and that he also showed innocence and a very positive outlook on life in general.

The court said that it was certainly not an act of libido which the man engaged in. Chief Justice Degaetano said that he could understand that the parents of the child could have thought that the person in question was a danger to children, especially seeing that he was, to them, a foreigner and that he touched their child. The court said that it would have also understood their reaction even if he had touched another part of the child.

The court, however, ruled that there was never any sexual intent in his actions and therefore cleared him of all charges pressed against him.