A court today refused a request by a prisoner jailed for abusing his daughter to be released after his ex-wife was yesterday charged with perjury and being the mind behind their daughter’s testimony.

When the Court of Appeal had confirmed the man’s jail term, his lawyer, Tonio Azzopardi, had challenged the police inspector to investigate the woman and their daughter.

A magisterial inquiry was opened following the lawyer’s challenge and the woman was yesterday afternoon charged with perjury. She pleaded not guilty and was remanded in custody. The daughter, who up to three months ago stood by her allegations, is also expected to be charged with perjury.

Dr Azzopardi yesterday applied for his client’s immediate release saying there had been a miscarriage of justice.

But in his judgment today, Magistrate Aaron Bugeja said that the law did not cater for such situations.

He said the he could not supplement what the legislator failed to provide for in the criminal court and could not invent solutions not provided by law.

The man has a pending constitutional case on the right to a fair hearing. It is due to be heard tomorrow afternoon.