Xgħajra mayor Neil Attard has been convicted of targeting his former girlfriend with messages, sent “continuously in an obsessive manner,” well aware that such behaviour amounted to harassment.

The woman had first started an online chat with Attard back in 2013 when going through a rough patch in her marriage, and that friendship eventually developed into a relationship.

But things turned sour between the couple some two years later and the woman claimed that her life became unbearable.

She filed several reports to the police, later testifying how Attard had put her through hell, pestering her with mobile and Facebook messages and even threatening to “burn her daughter.”

On November 28, 2015 the woman turned up at the Zabbar police station to report the umpteenth episode about an anonymous caller who first remained silent and then simply said ‘D’ when she answered the phone a second time.

She claimed to have recognized that male voice, saying it was her ex-boyfriend.

However, Attard denied that allegation when questioned by police, insisting that he had lost his mobile phone at the time.

He was subsequently charged with harassment and sending threatening mail to his former girlfriend.

In separate proceedings he was also charged with misuse of electronic communications equipment, harassment, committing the alleged offences while under a suspended sentence as well as recidivism.

The alleged victim testified how the calls followed a similar pattern, originating from a private number, which the woman saved as “PSYCHO” on her contacts list.

The caller would either remain silent or else mumble something under his breath.

Her husband was also targeted by anonymous calls at the time.

An officer from the Vice Squad testified that Attard had admitted trying to contact the woman because he loved her, but promised to stop.

When delivering judgment Magistrate Caroline Farrugia Frendo observed that the prosecution had to prove beyond reasonable doubt that with respect to the report filed on November 28, 2015, the accused’s phone had been used to call his ex.

However, service providers’ data did not even prove that there had been calls in November.

Thus the court had no option but to clear Attard of sending threatening messages as well as harassment linked to that particular November 2015 incident.

In the second case concerning similar incidents throughout September 2015, the court concluded that the prosecution had proved beyond reasonable doubt that the course of conduct amounting to harassment in respect of the woman, but not her husband.

The volume of “continuous” messages reflected the accused’s obsession and doubtlessly amounted to harassment, observed the court, adding that Attard was conscious of the effect of those messages upon the victim.

The woman had testified how she once even conjured up a fake mental health condition in the hope that the accused would back off.

However, citing a 2007 judgment delivered in the case Police vs Etienne Calleja, the court concluded that the facts did not fit under the crime of misuse of electronic communications equipment which the legislator meant to limit to technical wrongdoing.

Nor had the prosecution produced sufficient evidence of the accused’s previous suspended sentence.

As for the charge of recidivism, Attard’s November 2015 conviction had resulted in a conditional discharge which could not be taken into account for recidivism purposes.

Thus he was cleared of all charges except for that linked to harassment of his ex and was bound under a personal guarantee of €2,000, applicable for one year, so as not to molest the woman and her husband.

Lawyer David Gatt was defence counsel.

Lawyer Jason Azzopardi assisted the victim.

Lawyer Veronique Dalli assisted the victim’s husband