Woman asks to drop rape charges after ex allegedly threatened to kill her
The alleged victim told court 'he was a good with me'
A woman who accused her former partner of raping her told a court on Friday that she wanted to withdraw her complaint after he allegedly threatened to kill her.
The 38-year-old man from Lija, whose name cannot be published by court order, was accused of raping his former partner between April 28 and 29.
He was also accused of causing her bodily harm, attacking her with the intent to insult or harm her and threatening her beyond the limits of provocation.
The woman, whose name is also banned from publication, had filed a police report and was medically examined.
However, when she testified in court on Friday, she said she no longer wished to proceed with the case.
The woman appeared upset on the witness stand and at times struggled to hold back tears.
Asked why she had changed her mind, she said: “ He was good with me and is a good husband and father.”
She told the court they had two young children and said she took full responsibility for the fact that they had ended up in court. She also said that no one made her want to drop the charges.
But prosecuting lawyer Julia Micallef Stafrace, from the Attorney General’s office, asked the woman directly whether she had spoken to the accused and what had changed in the past few days.
The woman then admitted that the accused had contacted her.
“He was angry at me because he was called by the police,” she said.
“He told me he would kill me, but I know he didn’t mean it. I know him very well.”
The visibly upset woman ended her testimony by saying she was "not feeling good at all" and that she wanted the accused to live his life and be happy.
The defence argued that there was more to the circumstances in which the report had been filed. It said the woman had been under the influence of alcohol and that she ultimately did not want to proceed with the case.
The defence also said the accused had been arrested on his first day at a new job in the agriculture sector, which it described as his dream job.
His father, who was in the courtroom, intervened to say the post was a promotion.
The court granted the accused bail and issued a protection order, banning the accused from contacting his former partner unless to discuss their children.
The victim now lives in a different locality to the accused.
The court warned that breaching the order could lead to two years in prison and a fine.
The accused was granted bail against a personal guarantee of €10,000, with his father acting as guarantor.
He was ordered to live with his parents in Lija, sign the bail book every day at the Birkirkara police station and observe a curfew between midnight and 5am.
He was also ordered to hand in his passport to the court.
The case was heard by Magistrate Marse-Ann Farrugia.
The prosecution was led by AG lawyer Julia Micallef Stafrace, together with inspectors Marshall Mallia and Carlos Cordina.
The defence lawyers were Albert Zerafa and Jacob Magri. Parte Civile was represented by Franco Debono.