Tista' taqra bil- Malti.
A man who kissed a waiter on his neck been cleared of all charges against him in court.
The 67-year-old man from Australia was accused of making sexual advances without consent on a waiter who was working at the hotel he was staying at.
The court heard how the waiter told his superiors about the incident in which the accused allegedly kissed him on his neck without his permission.
The waiter said that he was serving drinks in July 2018 when the accused, whom he recognised as one of the guests who was staying in the hotel, followed him into the bathroom and asked him for sex. The waiter said he refused but that the accused began touching him inappropriately.
The waiter said that the accused tried kissing him, but he had pulled back. He said that the accused had not tried to restrain him. The incident ended when another person entered the toilets and the waiter ran away, he said.
On his part, the accused said he was Malta with his partner of 35 years. He said on the day of the incident, he had asked the waiter if it was gay. He had replied in the affirmative and they had a long conversation about it.
After some time, the accused met again with the victim in the bathroom. They began to talk and he had tried to kiss the waiter, who had said “no”. The accused said that he had pulled back; however, he ended up kissing him on the neck.
It said “no” and came back, but still ended up kissing on the accused throated. The accused said that he had wanted to kiss him for having announced that he was gay. He denied that he had tried to touch the waiter inappropriately, as he was in a relationship.
Magistrate Simone Grech pointed out that the two versions of the alleged victim and the accused were different, and that the testimony of the victim is not consistent.
The magistrate added that that the place where the alleged incident took place was a busy one and, hence, there was little chance of it happening there. Moreover, the person who entered the toilets when the accused and the waiter were there, was never found.
The Court held that the alleged victim had the opportunity to shout or inform the person who entered the toilet about what was happening. However, instead, he had said that he just turned away and left.
The Court also held that a kiss on the neck was not a sexual act. The magistrate also said that the waiter had not been held agast his will and added that the accused stopped immediately when he realised that the victim had not given his consent to be kissed.
The magistrate said she was not convinced that the accused had the intention to carry the offence he was charged with, and consequently, she was clearing him of all charges.
Inspector Alfredo Mangion was prosecuting. The defence lawyers were Giannella de Marco and Gianluca Caruana Curran.