Wrongly Convicted Database Record

 

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Russian Mother

 

Charge:

False Police Report

Sentence:

13 months suspended

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2016

Year Cleared:

2016

U.S. State or Country of Crime:

Malta

County or Region of Crime:

City of Crime:

Gozo

Result:

Judicially Exonerated

Summary of Case:

"A Russian woman living in Malta was wrongly convicted on February 3, 2016 of filing a false police report accusing her estranged husband of sexually abusing their six-year-old daughter. When the child was questioned by the police if her father had done anything, "She replied that whilst touching her “patata” the father had red pornographic eyes." She was asked what she meant by "red pornographic eyes" and if anyone had told her to say that. She told the police "that her mummy had told her to say so." The mother was charged, and after her conviction she was sentenced to 13 months in prison, suspended pending her good behavior. She appealed. In December 2016 the Malta Court of Criminal Appeal overturned the mother's conviction and ordered her acquittal on the basis the prosecution introduced insufficient evidence that she knowingly filed a false police report, which is an element of the crime. Chief Justice Silvio Camilleri stated in his ruling the court was "of the firm opinion that it cannot be reasonably concluded that the prosecution proved beyond reasonable doubt, according to law, that when the appellant filed her report against [her husband] with the police she had known that he was innocent.""

Conviction Caused By:

Innocence Proved By:

"In December 2016 the Malta Court of Criminal Appeal overturned the mother's conviction and ordered her acquittal on the basis the prosecution introduced insufficient evidence that she knowingly filed a false police report, which is an element of the crime. Chief Justice Silvio Camilleri stated in his ruling the court was "of the firm opinion that it cannot be reasonably concluded that the prosecution proved beyond reasonable doubt, according to law, that when the appellant filed her report against [her husband] with the police she had known that he was innocent.""

Defendant Aided By:

Lawyer Jean Paul Grech

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Court overturns Russian mother's conviction for false child abuse report, By Matthew Agius, Malta Today, December 28, 2016"

Information Location 1:

http://www.maltatoday.com.mt/news/court_and_police/72976/court_overturns_russian_mothers_conviction_for_false_child_abuse_report#.WGR2Mt3athF

Information Source 2:

"Mother used daughter in false allegations against estranged husband, By Matthew Agius, Malta Today, February 10, 2016"

Information Location 2:

http://www.maltatoday.com.mt/news/court_and_police/62027/mother_used_daughter_in_false_allegations_against_estranged_husband#.WGRz793athH

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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