Appellant v. Public Prosecutor (Child Abuse Investigation Discontinuation)

The appellant sought to overturn the public prosecutor's decision to discontinue the investigation against the separated husband for alleged sexual abuse of their young sons, based on initial statements made by one child. The court upheld the discontinuation, reasoning that while expert opinions are subject to the judge's free evaluation of evidence, any deviation from an expert finding requires strong justification, and in this case, a comprehensive psychological assessment strongly indicated that the child's statements were highly likely to have been influenced by suggestive input stemming from the parents' conflictual separation, rendering the evidence of sexual acts unreliable for proving the charges.