Father's arrest ruled unjustifiable

A young father charged with failing to allow his former partner to visit their daughter should not have been arraigned under arrest, a magistrate ruled yesterday.

Magistrate Giovanni Grixti ruled that the arrest of the 24-year-old man was not justified and, consequently, bail conditions were not necessary.

The father pleaded not guilty to disobeying a court order, handed down on April 14, by not allowing his daughter's mother to visit the child.

Lawyer Chris Cardona, for the father, argued that his client's state of arrest was not justified, adding that cases of such nature were to be heard by the Family Court's criminal section.

Police Inspector Alfred Mallia, prosecuting, explained that the girl's parents were granted joint custody but the child was to live with her mother.

Following the court ruling the mother had informed the police she did not want her daughter and in fact handed the girl over to her father (the accused). However, after some time she changed her mind and the father refused to return the child to her mother.

Magistrate Grixti then ruled the arrest was not justified.

Dr Ludvic Caruana appeared in parte civile.

Names are being withheld due to the private nature of the case.