A man charged with grievously injuring his partner in a violent domestic assault has been granted bail after spending 12 days under preventive arrest.

Borivoj Stankovic, a 34-year-old Croatian national, had been remanded in custody following his arraignment on April 25, after pleading not guilty to grievously injuring his partner, with whom he had a four-year old child. 

The violent incident had allegedly taken place at the couple’s home and the woman’s injuries had subsequently been medically certified.

Bail was denied at the arraignment in view of the gravity of the charges and the fact that the woman was still to testify. The court had also issued a protection order in favour of the victim.

Yet, since then, the accused’s partner had forgiven him and had even filed a formal note in court, renouncing her interest in the proceedings. 

However, since the charges were prosecutable ex officio by the police, independently of any complaint by the injured party, the criminal action continues. 

Meanwhile, the man’s lawyers filed an application for bail, arguing not only in favour of the presumption of innocence but also pointing out that since court hearings were still suspended, the next hearing could not be appointed within the 15-day term prescribed by law.

This posed a potential breach to the accused’s fundamental rights, argued lawyer Franco Debono. 

The prosecution did not object to bail as long as adequate conditions were imposed. 

Having taken all circumstances into consideration the court, presided over by magistrate Doreen Clarke, upheld the request against a deposit of €1,000, a personal guarantee of €5,000 and an order to sign the bail book twice a week. 

Inspector Stacy Attard prosecuted. Lawyer Francesca Zarb was also defence counsel.