Man accused of tying up and raping ex-partner denied bail

A Hungarian online casino presenter was remanded in custody on Wednesday, after being accused of allegedly tying up his former partner and forcing her to perform sex acts.

The man, whose name is not being published due to a court order, was charged with rape, detaining the woman against her will, and causing her to fear that violence would be used against her. He was also accused of consuming cannabis in the presence of the former couple’s three-year-old son.

Inspector Wayne Buhagiar told the court that on 14 October at around 1:30pm, the officers on duty in Qawra were approached by a woman asking for assistance, claiming that she had been raped by her ex-partner. The police took her to the Qawra police station, where a formal report was submitted. 

The inspector told the court that the woman had stated she and her ex-partner had a heated argument the previous day. The woman had slept in the same bed as her son to prevent any further incidents. She refused to leave the room when asked to by the defendant because she was feeling afraid, but eventually complied, said the inspector. 

The defendant allegedly forced her to join him in the bathroom, where he tied her hands together and forced her to perform oral sex on him, ignoring her refusals. 

The police subsequently found the relevant evidence on the clothes that the woman was wearing.  

The man pleaded not guilty to the charges. 

Lawyer Yanika Bugeja, assisting the defendant as legal aid, requested bail and told the court that at the investigation stage, the defendant had not been given disclosure about the cannabis charge and so she could not have advised her client about it. In spite of this he was still asked about it during questioning, said the lawyer. 

In its counter-arguments, the prosecution objected to bail, arguing that the accused did not have any ties to Malta, and emphasising the gravity of the situation and charges, as well as the risk of him tampering with evidence. 

Bugeja argued that the crime cannot be changed. She stated that he had been in Malta for six years, had a full-time job in Malta and fixed address. “He also has a child living in Malta. If that is not a link to the islands, I don’t know what is.” 

The prosecution submitted that although the accused had been residing in Malta for eight years, the ties which he had established were hardly tangible due to being on and off the island during this period. Although the defence argued that he had a child, the prosecution informed the court that the accused was threatening to abduct the child and return to Hungary. 

After listening to the defence and prosecution, the Court presided by Magistrate Joe Gatt denied bail at this stage, noting that it was not assured that the defendant would abide by any bail conditions, but urged the prosecution to bring the victims to testify without delay. 

The court also imposed a protection order in favour of the woman, restricting the defendant’s ability to communicate with her. 
The prosecution also argued that the child should also be given a protection order, however after the defence counsel objected to this due to the child’s young age, the court rejected this request.

Lawyer Yanika Bugeja was defence counsel. Lawyer Darlene Grima represented the Office of the Attorney General.