A man who was accused in court of breaching a restraining order by texting his former partner, insisted in court on Wednesday that it was the woman who initiated the conversation, and he had replied to say he was not interested.

The 23-year-old Syrian national was charged with breaching the court's order, misusing electronic equipment and breaching bail conditions related to the same case.

He had been granted bail after having been accused on October 30 of violence against his ex-wife, who is currently living in a shelter. He had denied those charges.

Earlier this week the woman went back to the police’s domestic violence unit, reporting that the man was contacting her on WhatsApp, in breach of the restraining order on which his bail conditions hinged.

Prosecuting inspector Christian Cauchi told the court he had contacted the accused several times ordering him to come to the police station, but he failed to show up and was arrested.

Cauchi told the court that the accused showed him his phone to insist that it was the ex-wife who had initiated a conversation with him some three days prior to the messages he sent her.

Defence lawyer Nicholas Mifsud said that it was clear from the messages exhibited that it was the woman who had continued to pester the accused and that when he replied it was to tell her that he had no interest in continuing their relationship and asking her to leave him alone.  Call logs showed that the woman had used a different number to try and call the accused several times, even while she was reporting him to the police on November 18.

The man denied all the charges brought against him and requested bail.

The prosecution objected to bail, saying that the alleged victim was yet to testify and that the police investigation indicated that he currently had no legal permission to stay in the country.

The defence countered that the court should consider that it was clear that his ex was initiating communication with him.

“With all due respect to the woman, she cannot light a fire and then complain of smoke when it is convenient,” Mifsud said. He added that the woman even turned up at the accused’s brother’s house, where he was living at the time, with the family having to call the police to remove her.

As for his immigration status, Mifsud said as the man is a Syrian national, his immigration status must be reviewed yearly by the authorities and he cannot simply be sent back to a war-torn country. The man chose not to immediately apply to renew his status due to the legal issues he was having with the alleged victim, but had since begun the process to have his status reviewed and renewed. 

Magistrate Rachel Montebello considered that the man had been accused of breaching previous bail conditions, a risk assessment had found the woman to be in “severe danger” and his unclear immigration status. Bail was therefore denied.   

Police inspector Christian Cauchi prosecuted. Lawyer Nicholas Mifsud appeared for the accused.