Court denies request by man charged with rape of 11-year-old girl for his statement to the Police not to be used during trial

Three Judges have reversed a decision handed down by another Judge regarding a statement given to the Police by a man charged with the rape of an 11-year-old girl.

Christoph Doll is charged with, having, on 10 August 2015 and in the preceding months and years, taken part in sexual activities with a girl, corrupted the girl when he should have been safeguarding her, used systems of communication to meet up with her for sex, was in possession of pornographic material and also held indecent material in which the girl appears.

In presentations to the Court prior to the trial by jury, the Criminal Court acceded to the request by Defence Counsel for the statement given to the Police by the accused not to be used during the trial as no lawyer of the accused’s choice had been present.

However, the Attorney General appealed and the Court of Criminal Appeal. Chief Justice Mark Chetcuti and Justices Edwina Grima and Aaron Bugeja presiding, reversed the decision and ordered that the statement be included in the trial.

The Judges remarked in their decision that the Judge sitting in the trial by jury should direct jurors about the contents of the statement.