A man who stood accused of approaching his ex-partner in breach of a restraining order has walked free after his former partner and her son told a magistrate they forgave him.
The magistrate dropped charges against the 26-year-old Qormi man, reversing a decision by an initial court that initially refused to drop the charges at the woman’s request.
The accused was first arraigned last week an accused of breaching a protection order granted in favour of his ex-partner and her son, breaching bail conditions and misuse of electronic equipment.
At the man’s arraignment, the alleged victim, through her lawyer Mark Mifsud Cutjar, informed the court that she had forgiven the man for what passed between them and wanted to drop the charges.
However, the court turned down the request and ordered that proceedings against the man continue, reasoning that the charge of breaching a protection order does not necessarily qualify as a domestic violence charge, which allows for charges to be dropped based on the victim’s wishes.
A request for bail at arraignment was also turned down.
As is procedure, the case was then sent to a different magistrate, who was tasked with deciding its outcome.
When the case resumed on Wednesday, the woman and her son once again appeared in court and stressed that they both wanted to drop the charges against the accused and insisted they had forgiven him.
Both of them took the stand under oath and were questioned thoroughly by the court about their intentions.
On this occasion, the court presided by Magistrate Nadia Vella accepted their request and ordered the charges be dropped and the accused immediately released from custody.
Police inspector Christian Cauchi prosecuted.
Lawyers Franco Debono and Marion Camilleri appeared for the accused.
Lawyer Mark Mifsud Cutajar appeared parte civile.