A man pleaded guilty to sexually harassing a co-worker by touching her breast, later sending her an apology through Facebook Messenger.

Ernest Assumang Kumi, a 47-year-old Nigerian national living in Birżebuġa, was targeted by criminal action for committing a non-consensual act of a sexual nature and following a course of conduct which amounted to harassment. 

Prosecuting Inspector Wayne Bonello said the incident took place last November at the company’s Qormi offices. The victim filed a report a few weeks later in December.

The woman told police that on the day of the harassment, the accused approached her to speak to her about his plans to move abroad, asking about his wages. 

While the woman was talking to him, discussing his payslip, he suddenly touched her breast, saying: “I can’t stay away from your breast”.

The woman pushed him away, shielding herself against the unwelcome advances while the man passed some further indecent comments. She told him to go away and he did. 

Later, he sent her a Facebook message apologising for his behaviour.

An arrest warrant was issued against the suspect but it could not be executed since he was abroad. 

He was arrested on Wednesday as soon as he returned to Malta, explained the prosecutor. 

Assisted by a legal aid lawyer, the man registered an admission.

Asked by presiding magistrate Giannella Camilleri Busuttil whether he fully understood the charges, the accused said: “It was a mistake. I touched her breast. But we talk to each other all the time.” 

Given more time to consult his lawyer and reconsider his plea, the accused confirmed his admission. 

Parte civile lawyers Alfred Abela and Rene’ Darmanin said that on Wednesday the accused had filed a report against the victim alleging “some sort of touching from the back”. 

However, in light of his admission on Thursday, the defence said that that report was to be withdrawn by the accused. 

The parties agreed that a maximum term of probation, coupled with a protection order, would be appropriate punishment in the circumstances. 

The victim would be spared re-living the incident and would not be called to testify, explained her lawyers. 

Moreover, the accused had filed an early guilty plea, had cooperated with the police and apologised for his wrongdoing. 

The court put off the case for judgment on Monday and upheld the defence’s request for bail against a deposit of €500, a personal guarantee of €1,000, signing the bail book daily until Monday and not approaching the victim or other witnesses in any manner. 

The court also issued a ban on the victim’s name and issued a protection order in her regard, warning the accused of the consequences if he were to breach that order. 

AG lawyer Jurgen Dalli and Inspector Wayne Bonello prosecuted. 

Lawyer Thomas Barbara Sant was legal aid counsel. Lawyers Alfred Abela and Rene’ Darmanin appeared parte civile. 

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