A woman who asked court to drop domestic violence charges against her partner could be investigated for perjury after insisting she had been victim to only one case of abuse. 

The woman, from Rabat, took the witness stand on Wednesday to explain why she wanted to drop charges against the man who had prompted her to seek police protection in the first place. 

After refusing to testify against her partner during a previous sitting, the woman allegedly approached the accused’s lawyer just before Wednesday's hearing, informing him that she had patched up her relationship with the accused and wished to drop her case. 

Upon that information and after seeking the prosecution’s stand on the matter, the court, presided over by magistrate Rachel Montebello, allowed the woman to take the stand. 

'We were only apart for one day'

That was when the witness said they had been in a seven-year relationship, only briefly interrupted following that December incident.

“In actual fact, we were only apart for one day,” the woman said, adding that the situation had improved since that incident. 

Her partner had undergone rehabilitation for his alcohol abuse problem, spending some three months in Gozo.

Even then, she would cross over to visit him, the witness went on. 

“Did anyone tell you to come here and say so,” asked Magistrate Montebello, evidently unimpressed by the account.

The woman replied in the negative. 

'Do you need protection?'

“Do you need protection? Do you feel safe with the accused? Are you aware that once you drop the case, you cannot reactivate it, ”asked the magistrate. 

“But what if anything were to happen again,” the witness asked.

“Why are you asking this? Is there a chance of anything happening again,” the magistrate asked in turn. 

“No… but if, God forbid, anything were to happen,” said the woman, her voice trailing off. 

“Do you feel safe,” the magistrate asked again.

“Yes. He has greatly improved now," the woman replied. 

Asked whether there had been other similar incidents, the witness said that this was the first report: “and that time, he had had a drink”.

“I’m asking you for the last time. Are you 100% sure you want to drop the case?”

“Yes,” came the witness’s unwavering reply. 

Prosecuting inspector steps in

Prosecuting inspector Audrey Micallef, from the police Domestic Violence Unit, stepped in: “you are under oath. Tell us: are you sure that this was your first report?”

“There was another case but...,” began the woman.

The magistrate would hear no more. 

“When I asked you if there had been other reports, you said no. So if it weren’t for the inspector, you came here and lied under oath,” magistrate Montebello pointed out. 

Moreover, the court was not convinced of the witness’s reply to the question as to whether she feared for her safety in the future. 

Faced with such a scenario, the court turned down the alleged victim’s request to drop the case, directing the prosecution to proceed with its case at the next sitting. 

The court then ordered that the woman’s testimony is brought to the notice of the Police Commissioner so that he might take any action as deemed necessary. 

The case continues in January. 

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