A man who allegedly raped his former partner on Saturday was granted bail upon his arraignment on Monday “only because the alleged victim had already testified,” the court said.

The 38-year-old Ħamrun resident pleaded not guilty to raping the woman when she went to his home on Saturday.

The woman had previously filed a report at the domestic violence unit over some threatening messages she allegedly received from Tanti, her ex.

But while undergoing a risk assessment, she confided with the psychologists that the man had also raped her.

Her report triggered an inquiry by Magistrate Joseph Mifsud.

On Monday, Tanti was charged with rape, non-consensual sexual acts, holding her against her will, wilfully damaging third party property and misuse of electronic communications equipment.

He was also charged with insulting, threatening and assaulting her. He was further charged with relapsing.

The defendant allegedly pressed the alleged victim against the wall when she entered his house and forced himself onto her.  The violence allegedly escalated to rape.

During Monday’s arraignment, the prosecution claimed that a relative of the defendant had contacted the alleged victim, asking her to forgive the man.

That attempted tampering with evidence was one of the reasons why the prosecution strongly objected to the defence’s request for bail.

“She’s terrified. She had to leave her home,” argued parte civile lawyer Mario Mifsud.

But defence lawyer Franco Debono countered that the defendant and the alleged victim had been together for nine months. Until two weeks ago, she was pregnant with his child.

Messages exchanged between the former couple appeared to indicate that the sex was consensual when the woman went to her ex’s home.

AG lawyer Jurgen Dalli rebutted that the alleged victim was not pregnant, stressing that she was still to testify.

However Debono, citing the Criminal Code, made a strong case for bail, arguing that witnesses who testified before the inquiring magistrate were not to be summoned again.

Dalli insisted that the prosecution had the right to choose who to summon as witness.

“This is the law not practice…and in criminal proceedings we must strictly abide by the law….because here we are dealing with personal freedom,” hit back Debono.

In light of the circumstances of the case and after hearing submissions the court, presided over by Magistrate Abigail Critien, upheld the request, sternly warning the defendant not to communicate with his ex in any way.

He was prohibited from going near her home, was to sign the bail book daily, abide by a curfew between 7:00pm and 7:30am, deposit €7,000 and under a personal guarantee of €10,000.

“Let me make it clear. I’m granting bail only because she testified and her testimony is preserved,” warned the magistrate.

Inspector Colin Sheldon also prosecuted. Lawyer Adreana Zammit was also defence counsel.