A mother-of-two who allegedly subjected her husband to “18 minutes of violence” inside the couple’s kitchen and later filed a false rape report to the police was granted bail in an arraignment that ended on a “surreal” note.
This was when the victim offered to try to put together the necessary cash for his wife's bail bond, preventing her from being held in custody.
The alleged incident dated back to January 7 when the 36-year-old allegedly turned upon her husband with full force, attacking him with her fists, a rolling pin and pans.
As the man lay on the kitchen floor, pleading with her to stop, she allegedly grabbed a kettle and poured boiling water over him, said prosecuting Inspector Eman Hayman during her arraignment on Thursday.
The incident was captured on a security camera installed in the kitchen at the couple’s St Paul’s Bay apartment.
That footage, together with a first-hand account by the accused’s two minor sons, aged 14 and eight, ultimately led to criminal action against the woman who, after the violent episode, had turned up at the Domestic Violence Unit with a very different story.
The woman went to the police alleging she had been harassed and raped by her husband.
Her report was assessed not only by the police but also by officials from Appoġġ who classified it as a case of high risk.
But when investigators delved further into the matter, they came across the footage which appeared to present a very different reality.
The footage showed a “brutal” attack on the man and, worse still, the aggressor then went to report her victim, falsely accusing him of rape, said the man’s lawyer, Dean Hili, while the slight-framed woman sat in court, assisted by an interpreter.
“It’s this kind of behaviour which causes a 100-year setback for those women who suffer abuse inside their homes,” argued the lawyer.
The woman pleaded not guilty to the violence, attempted grievous injuries, slightly injuring her husband, voluntary damage to third party property, insults and threats as well as falsely accusing him of rape and harassment.
The court, presided over by magistrate Charmaine Galea, issued a protection order, gravely warning the accused not to contact or approach her husband and sons, not to go home or even try to call them on the phone.
A troubled relationship
Her lawyer, Christian Frendo, pointed out that the couple had “a troubled relationship” and had both approached him for professional help in the past.
There had also been one episode where their roles were reversed in court but the woman had then withdrawn her complaint and opted to give their relationship another chance, explained Frendo.
The woman had long been suffering in silence at the hands of her husband who constantly monitored her mobile and suppressed her, the defence lawyer argued when making submissions on bail.
The request was objected to by the prosecution in view of the real risk of tampering with evidence, especially in view of the fact that the two minors were witnesses to the violence.
Shortly after the incident the woman had undergone surgery to remove a lump from her breast and was still recovering, continued her lawyer.
“Now she’s recovering but just before the operation she had enough strength to batter her husband for a full 18 minutes,” remarked the man’s lawyer, while the husband sat in court, silently following the proceedings.
Casting a glance towards him, the woman’s lawyer pointed out the man appeared to be visibly moved and not happy with the fact his wife had ended up in court.
“Why don’t we pull the same rope so that perhaps we might prevent the situation from deteriorating any further?” Frendo observed.
As for the said risk of tampering, where was the risk if the whole incident had been captured on footage that was in police hands, Frendo argued.
“Some humane feelings and trust,” said the lawyer.
“Does she have alternative accommodation?” asked the magistrate.
This was crucial if bail was to be granted.
While the hearing was suspended for a few minutes, the woman’s lawyers, Frendo and Martha Mifsud, made arrangements for their client to take up temporary accommodation at a St Paul’s Bay hotel, giving her two days within which to rent an alternative place to live.
After hearing the animated submissions and in light of all circumstances, the court upheld the request, granting bail and ordering the woman to sign the bail book three times a week, abide by a curfew between 10pm and 7am, stay at the hotel for the next two days and then inform the court of her new address.
The court also banned publication of names and nationality of the parties to safeguard their minor children.
Finally, she was to deposit €1,000 and bind herself to a personal guarantee of €10,000.
As the hearing drew to an end, the woman turned helplessly towards her lawyer indicating she could not match that amount of deposit as she only had €100 to pay her hotel bill.
That was when her husband, so far seated silently to the side of the courtroom, indicated that he would try to put together the necessary cash.
“Rather surreal,” remarked Magistrate Galea as she rose and retired to chambers, leaving the parties to sort out the cash issue without which the accused would not regain her personal freedom.
Inspector Eman Hayman prosecuted.