A woman said she forgave her partner for allegedly committing violence against her, but a court insisted that it would not be dropping the charges against the man. 

A 41-year-old chef from Floriana was arraigned in front of Magistrate Joseph Gatt on Friday, accused of causing his partner to fear violence, threatening and insulting her as well as causing her slight injuries in an altercation, among other charges related to domestic violence. 

Police Inspector Sherona Buhagiar told the court how a woman, the accused’s partner, came to the police’s domestic violence unit and said that for three days, the man had been constantly threatening her, claiming that he told her he would “end her life”, “kill her and her grandson” and “put her six feet under”, among other colourful threats. 

Buhagiar also said the woman told police that her partner had also grabbed a broomstick and threatened to kill her again, telling her that he would leave no marks so that she wouldn’t be able to report him. 

The woman also brought with her a medical certificate showing that she had suffered slight injuries following an altercation with him.

However, when stepping up to testify in court, the woman told the magistrate that she did not wish to testify against her partner and wished to cease all charges against him. 

Alcohol and drugs to blame for partners' violent streak

When Gatt asked her whether this was the first time violence had erupted between them, the woman replied that it was not. 

“I see in the risk assessment you have been marked as high risk for further incidents,” Gatt challenged her gently. 

“But when these things happen, it’s only when he’s under the influence,” she said. 

“It's the drugs and the alcohol that make him do these things because otherwise, he is a good man.” 

Defence lawyer Mario Mifsud said that the law gives the court discretion to drop the case if the victim decides they do not want to testify and in this case, given that there is no physical evidence in the way of CCTV for example, the case would become a lame duck without the woman’s testimony. 

He added that he knows that his client has a drug problem and that presently the people in his life are rallying around him trying to get him to acknowledge the problem and seek help.

The alleged victim herself is one of those people, Mifsud added and because she still loves him she explicitly doesn’t want to testify and send him to jail. 

The accused is also facing other pending charges also involving his partner with similar charges. 

The man is not yet attending rehabilitation for his addictions, Mifsud said, but his friends are in the process of setting him up with a private psychiatrist so that he can start addressing his problems. 

Magistrate raises concerns that accused could commit another crime

The prosecution said that, while it respects the victim’s right to drop the charges, it was prudent to point out that just a day prior she had come to the police station saying that she was frightened by his threats. Police informed her that they were still planning on taking action against him even if she did not wish to testify.

After hearing all the parties Magistrate Gatt said that the contents of the risk assessment report of the victim prepared by Aġenzija Appoġġ should not be ignored in these circumstances, particularly as it was allegedly not the first time such an incident had happened between them. 

“The law gives discretion to the court in the matter and today the court, based on what it has seen and heard cannot with a clear conscience say that it is in the victim’s best interest for these proceedings to stop,” he said. 

The prosecution objected to a request for bail, as there is a real and credible fear that the accused could commit another crime, particularly towards the victim in this case. 

Mifsud rebuffed that there is no fear that the accused could interfere with evidence as the victim has already declared she has no intention of testifying. 

The woman had also demonstrated that she did not want to see him go to prison and that doing so would only create more problems.

The court could set adequate conditions and bind the man to a treatment order so that he can start addressing his issues, Mifsud said. 

After considering all parties, Magistrate Gatt said that given the nature of the accusations and his belief that the accused is not capable of sticking to the court’s conditions, bail would be denied at this time. 

The prosecution also requested a protection order, but after protestations from the victim - in view of the fact that such an order would prevent her from speaking or continuing to live with the man - the request was denied.