Rape trial: Defence raises doubts on alleged victim's credibility

Jurors in the trial by jury of a man accused of raping his seven-year-old niece 10 years ago are expected to retire to deliberate tomorrow after having heard concluding arguments today.

Prosecutor Nadine Sant told the jurors that the girl who is now 18-years-old, had remained consistent throughout the years and had not changed her version once.

Speaking with a picture of the girl in front of her as she spoke, she added that her testimony was corroborated by all the witnesses and to a certain extent by the statement released by the accused himself.

"This trial is not the trial of the accused but of the girl, she has been suffering for 11 years".

She asked the jurors "how could, the girl lie so well? How could she maintain her lies all throughout the years?"

Defence lawyer, Joe Mifsud, in his own speech to the jurors questioned the prosecution's approach and said that she was trying to use sympathy and imagination to prove her point.

He said that the girl in her testimony had mentioned a red car which was allegedly used by her uncle - then 17 - to take her to Ħal Far and in which he allegedly performed lewd acts in front of her.

This could not have happened, although everything was possible, he said, but that red car had belonged to her grandfather and had been transferred to another person a year before the alleged rape took place.

Dr Mifsud pointed out the main question in this trial was between who was telling the truth and who is not.

Another crucial point was that the girl said in a statement that her uncle had told her to put her pants down and lie on the floor. However, she also said that her pants went around her knees and how could he possibly have had sex with her when her pants were around her knees?

Raising his voice, Dr Mifsud asked the jurors if there was any proof beyond reasonable doubt that his client was guilty of rape.