Woman 'seeking abortion' stopped from leaving Malta

The court yesterday ordered that a Russian woman, whose companion claimed she planned to have an abortion overseas, should not leave the island.

The order was issued after Mr Justice C. Farrugia Sacco upheld an application filed by Anthony Borg against the Police Commissioner and against Nadezda Gavrilova.

Borg claimed in his application he was the father of Gavrilova's unborn child and that she had the intention of obtaining an abortion in the Russian Federation. This, he said, would irremediably prejudice his right to freedom of enjoyment of family life.

He said he and Gavrilova had enjoyed a relationship, though they had not married, and that she was seven weeks pregnant with his child. However, on November 30 Gavrilova was arrested by the police and was still in police custody. Borg said he was told by the police that the woman would be deported as she was an illegal immigrant.

The man submitted that Gavrilova had told him she wanted to obtain an abortion in the Russian Federation, where it was legal. This would be in violation of Borg's right to freedom of family life and also in violation of the unborn child's right to life as protected by both the Constitution and the European Convention of Human Rights.

He therefore asked the court to halt Gavrilova's deportation.

Mr Justice Farrugia Sacco yesterday upheld Borg's application and ordered the issue of a warrant of prohibitory injunction.