Bail for man accused of raping former partner because victim testified at inquiry stage

The incident occurred on Saturday when the woman visited his Ħamrun home

By: maltatoday.com

Oct 15 2024
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Bail for man accused of rapin

A 38-year-old man from Ħamrun accused of raping his former partner was granted bail upon arraignment on Monday. The court said it had “only granted bail because the alleged victim had already testified.”

The defendant, who cannot be named for legal reasons, denied charges of rape, sexual activity without consent, unlawful imprisonment and a number of other related offences.

The case came to light when the woman went to the domestic violence unit, initially over threatening messages she allegedly received from her ex-partner. In the course of a risk assessment by psychologists, she revealed that he had also raped her. An inquiry was ordered following the report by Magistrate Joseph Mifsud.

On Monday, the suspect was indicted on charges of rape, unlawful restraint, damage to property, and the abuse of electronic communications. He was further accused of insulting and threatening the woman and of assaulting her in addition to being a recidivist.

The prosecution said the accused is alleged to have forced himself on her the moment she entered his house, escalating to rape. The prosecution had also revealed that a relative of the accused phoned the alleged victim and asked that she forgive him – an act which the prosecution described as an attempt to tamper with evidence.

Lawyer Mario Mifsud, speaking to the court, underlined the fear and distress the alleged victim had been facing, saying: “She’s terrified. She had to leave her home.”

Defence lawyer Franco Debono filed a request for bail, citing the nine-month relationship between the couple and referring to the messages exchanged between them, which indicate that the encounter had been consensual. He added that until recently, the woman was carrying the accused’s child, but this was contested by the Attorney General’s representative, Jurgen Dalli.

Debono insisted, despite strong objections by the prosecution, that since the alleged victim had testified before the inquiring magistrate, she would therefore not be required to testify again and thus bail was a given according to law.

Baile was granted under strict conditions by Magistrate Abigail Critien. The accused is not to approach his ex-partner or communicate with her in any way, or approach her residence. He has to sign the bail book each day, observe a curfew between 7:00 pm and 7:30 am, and deposit Є7,000 on a personal guarantee of Є10,000.

“Let me make one thing clear. I am giving bail only because she has testified and her testimony is preserved,” warned the magistrate as he granted bail to the accused.

Inspector Colin Sheldon prosecuted while defence lawyer was Adreana Zammit.