A man who allegedly harassed his former partner on numerous occasions in spite of a recent court order barring him from seeing her on Tuesday pleaded not guilty to criminal charges. 

The 40-year-old Sliema resident’s former partner filed a report with the police’s Domestic Violent Unit on Monday, claiming that she was being harassed by her ex, in breach of a protection order. 

Police inspector Sherona Buhagiar said the victim reported that the accused continued to make contact with her to discuss topics other than the wellbeing of their child, in spite of being barred from doing so by a court order protecting the victim.

The victim, the officer said, would receive calls and messages from her ex, asking her to go out with him. 

The court heard how, on one occasion when the victim went to the accused’s house to pick up their child, the man tried to kiss and touch her without her consent. 

More recently, the two were at the beach with the child and the man tried to kiss her, allegedly telling the child to let him kiss their mother because “she kisses other men but not him”. 

“The child is only three years old,” Buhagiar told the court. 

She said the victim was frustrated that the accused refused to follow the protection order and said she cannot lead a quiet life because of the situation. 

The victim said her ex messaged her asking her to go out, grab a pizza or a drink, in spite of the order.

“She is worried that things will escalate,” Buhagiar said, stating that the man continued to insist on meeting with the victim.

Buhagiar added the victim had noted that when she broke up with her boyfriend, the accused was “hopeful” the two will get back together. 

She said the victim went through a risk assessment after she filed the first report, which showed she was at medium risk. 

Attorney General lawyer Cynthia Tomasuolo said the accused was obsessed with the victim and could not accept that the relationship had ended. 

The situation was psychologically affecting his ex as she was concerned he would take the situation further.  

“He does not seem to not understand the seriousness of the situation and acts as if there is no protection order,” she added. 

‘Strike a balance’

Lawyer Franco Debono, representing the accused, said that the man needed to understand that the relationship had ended.

“I understand the situation, that there is a person that does not wish to speak to this man, and I also understand that this man needs to understand the situation of the relationship,” he said, adding that perhaps a psychologist and an expert can help the individual accept that the relationship is over. 

He said the accused has the full support of his family, highlighting that his mother and sister were present in the hearing. The mother was also willing to act as "third guarantee", facing the consequences herself if the man did not follow the conditions set.

Debono proposed the accused be supervised by a probation officer and pays a deposit.

“This is all about striking a balance,” he said. 

After hearing submissions, the court, presided over by Magistrate Natasha Galea Sciberras, remanded the accused in custody.

She still issued a temporary protection order to prevent the accused from trying to contact the victim through third parties.

“No contact whatsoever, it is as if she does not exist,” warned the Magistrate as the hearing came to an end. 

Franco Debono and Francesca Zarb were defence counsel. 

Lawyers Jacob Magri and Arthur Azzopardi were parte civile.