Man admits to workplace harassment and non-consensual act

A man who admitted to having subjected a former co-worker to a non-consensual sex act and harassment, inside a building supplies shop, is to be sentenced next week.

Birzebbugia resident, Ernest Assumang Kumi, 47, from Nigeria pleaded guilty to charges of harassment and committing a non-consensual act of a sexual nature when he was arraigned this morning before Magistrate Giannella Busuttil.

Police inspector Wayne Bonello, assisted by prosecutor Jurgen Dalli from the Office of the Attorney General, explained that the man had been arrested after a female co-worker had reported that on 16 November last year, while they had been discussing his payslip in a store room at their place of work, he had touched her breast without her consent.

The woman is understood to have pushed him away, telling him to leave, which he eventually did, after making a number of comments of a sexual nature.

Kumi’s defence lawyer, Thomas Barbara Sant, informed the court that the man would be pleading guilty to the charges.

“You are registering a guilty plea, admitting the offences with which you are accused,” said the magistrate, addressing the defendant directly. She asked him whether he understood.

“I didn’t know it was an offence. I touched her breast. I understand I’m guilty,” replied the defendant. The court read out the charges and asked the man if he understood them. He did, he said.

After giving him time to speak to his lawyer and discuss his plea once again, Magistrate Busuttil warned that the charges carried with them the punishment of imprisonment and asked the defendant whether wished to confirm or withdraw his admission of guilt.

Kumi reaffirmed his guilty plea.

Lawyer Alfred Abela, representing the victim as parte civile, informed the court that his client was not insisting on the man’s incarceration.

The magistrate invited the prosecutors and lawyers on both sides to approach the bench.

After returning to their places, submissions on punishment were heard.

Abela said his client did not wish to testify in order to avoid going through the trauma again. He asked for a probation order at its maximum duration - three years - and an order not to molest the woman.

Attorney General lawyer Jurgen Dalli added that the defendant had a clean criminal record and as the victim was happy with a probation order, the prosecution is also satisfied, in view of it being his first conviction.

The defence added that the defendant had also texted the victim to apologise to her. Probation would be best.

As judgement would not be handed down today, the defence requested bail until then in view of his clean criminal record and fixed address. The prosecution did not object as long as a protection order was in place.

The court granted the man bail against a €500 deposit and a €500 personal guarantee, issuing a protection order in favour of the victim until his sentencing hearing, next Monday.

A request for a ban on the publication of the name of the victim was also upheld by the court.