Case dropped against man who allegedly bit ex's ear, punched her
Woman filed six reports against man in one month, dropped charges after he spent week in hospital
Criminal proceedings against a 43-year-old Siġġiewi driver were halted on Monday afternoon after a court acceded to a woman’s request to drop the charges.
The man, who cannot be named by court order, was arraigned after the woman filed multiple reports against him.
The woman was accompanied by her lawyer, Delilah Vella, when on December 30 she reported her husband, with whom she is currently undergoing separation proceedings.
The pair share two children, one of whom is still a minor. The woman alleged physical and psychological abuse, and spoke about an incident in which the man allegedly bit her ear and punched her.
Throughout December, the woman filed six reports.
Police inspector Christian Cauchi explained that the man was arrested on January 6 and was admitted to hospital after complaining of high blood pressure. He was rearrested on Monday morning after a fresh arrest warrant was requested.
In court, the man pleaded not guilty to using moral and psychological violence against the mother of his two children, causing her fear that violence would be used against her, and causing her slight injuries in two separate incidents on December 29 and 30.
He was also accused of causing voluntary damages to her property, threatening and insulting her.
Parte civile lawyer Delilah Vella informed the court that her client wanted to halt criminal proceedings against the accused.
The woman then took the stand and said that she was renouncing criminal action after learning that her former husband spent a week in hospital.
“I feel I should do so [drop the charges],” the woman said, adding that she had discussed the situation with her family and their son. She added that she did not need protection against him.
The woman added that they have been together for 27 years, of which 12 years have been as a married couple. She confirmed that there were no other incidents following the last report.
The court said it needed the peace of mind that the woman was dropping the charges of her own will and that her decision was not a result of external pressure.
The arraignment was briefly suspended so that the woman could consult with her lawyer.
During the submissions, defence lawyer Franco Debono argued that the court has discretion on whether to accede or refuse such requests. He also acknowledged that the court was right when it chose to suspend the sitting briefly for the woman to understand the legal consequences of her request.
Police inspector Christian Cauchi countered that the man’s health should not be used as an excuse to accede to the request, and argued that while the woman could refuse to take the stand if the court refuses the request to stop proceedings, the police will bring other evidence against him.
The woman took the stand once again and confirmed that she wanted to drop the proceedings, and this was her own decision.
The court then acceded to the request for the best interest of the woman and their children, and declared the proceedings extinguished.
Magistrate Ingrid Bianco presided over the court.
Police inspector Christian Cauchi prosecuted.
Lawyers Franco Debono and Adreana Zammit assisted the accused.
Lawyer Delilah Vella appeared for the woman.