A man facing domestic violence charges has been cleared of all criminal liability after his partner forgave him and refused to testify against him. 

Borivoj Stankovic, a 34-year-old father, had ended up behind bars after he was charged and pleaded not guilty in April to grievously injuring his partner and attempting to use force against her, during a violent incident at the couple’s home. 

Stankovic had been denied bail at the time, in view of the gravity of the charges and the fact that the alleged victim was still to testify. But some days later, his partner had forgiven him and formally informed the court of that. 

Despite that, police had continued to prosecute the man, given the gravity of the charges. 

When called to testify, the alleged victim had said that that she had forgiven her partner and wanted to make up, adding that she had no further interest in the case. 

That decision meant that the court had no other eyewitness account of the incident. 

Although both the doctor, who had certified the woman’s injuries, as well as the sergeant, who had taken her report, had testified, the evidence put forward by the prosecution did not suffice to prove its case. 

The court, presided over by magistrate Doreen Clarke, declared that in the absence of the woman’s testimony, “it cannot be said that there are sufficient grounds for committing the accused for trial on indictment,” thus discharging him in terms of law. 

Lawyers Franco Debono and Francesca Zarb were defence counsel.