A renowned criminal was let off the hook for domestic violence after his partner refused to testify against him and begged the court to drop all proceedings.
The man, whose name is being withheld to protect the identity of his partner and their children, was accused of causing his partner to fear violence, slightly injuring her, insulting and threatening her. He also stood charged with causing his two boys to fear violence and breaching the bail conditions of a previous release since he is on bail awaiting trial over another crime.
Magistrate Abigail Critien heard the woman insist, under oath, that she was forgiving the man who she still loved and who was the father of their two children who needed his presence in their lives.
She begged for her partner to be sent back home with her, declining to give any evidence against him and insisting that she still loved him, wanted him to be present in their children’s lives and did not want to proceed with any criminal action against him.
The man also stood charged with breaching the bail conditions of a previous release since he is on bail awaiting trial over another crime
The magistrate considered that, according to law, the police could proceed ex officio, without the need for the victim’s complaint. However, the same legislation left it up to the court to decide on the way forward when taking into consideration family relationships. She noted that the law allowed for clemency to prevail over justice in cases where the alleged victim showed such an interest. The emphasis of the law is on the wishes of the victim rather than on the court’s discretion.
She ruled that although the charges which the man was facing were not insignificant, his partner said she was not interested in pursuing the case because he was an important figure in her and her sons’ lives.
She, therefore, ruled that the case against the man be dropped.
Police inspector Omar Zammit prosecuted.
Lawyer Jacob Magri appeared for the woman.
Lawyers Franco Debono and Marion Camilleri represented the man.