A 55-year-old woman has been cleared of domestic violence against her husband after he withdrew the report and invoked a section of the law allowing him to request that charges be dropped.

The woman, whose name cannot be published by court order, had been charged last month after her husband filed a police report claiming he was physically abused by his wife. The couple also have a daughter.

She was accused of using violence, including moral, psychological violence and coercion against her husband. She was also accused of harassing the man and causing him to fear violence, holding him against his will and threatening him.

The court felt it should not use its discretion to order the continuation of the case

During the first sitting before Magistrate Monica Vella, the man asked the court to drop the charges against his wife.

The magistrate noted that the domestic violence act did not define the meaning of the word “violence” and that this may involve various types of offences which, by their nature, involve elements of violence.

She further noted that the law did not make any distinction between violence with which the police can proceed without a criminal complaint filed by the victim.

However, she said that since the alleged victim, in the presence of his lawyers Matthew Xuereb and Umberto Borg Cardona, made the request at his first available opportunity, the court felt it should not use its discretion to order the continuation of the case, in the victim’s best interest and that of their child. She therefore upheld the request and ordered that proceedings stop there.

Police inspector Eman Hayman prosecuted while lawyers Franco Debono and Marion Camilleri represented the woman.