Man who drove past ex-partner's house denies breaching protection order

A 41-year-old man from Gzira has been released on bail after being accused of driving by his ex-partner’s residence twice.

On 16 October, a police report was filed by a woman against her male partner. This came after she had seen his vehicle near her residence at around noon, even though there were two protection orders in the woman’s favour.

After the report was filed, the man was arrested in his place of residence, where he resided with his mother and father.

The accused appeared in Court two days later, with his parents present for the proceeding, both of whom were visibly upset.

The accused plead not guilty, and the defence counsel requested his release from arrest. The prosecution objected on the basis that, although the accused obeyed the order to limit communication with his partner, he is still likely to commit another offence. This is because the protection order dictates that a distance of one kilometre to be kept from the woman, an order which was broken twice.

The defence counter-argued that both drive-bys happened at the same time, meaning going to her residence and back. Apart from the man obeying the protection order as best he can, the defence also argued that the man had “three jobs, and is trying to rebuild his life, and there are a lot of attempts to improve his standing. Sending him to prison would throw all his efforts to waste.”

The Court conceded to release the accused from his arrest, on the terms that he is not allowed to travel outside of Malta, communicate with his ex-partner, and is to sign a bail book three times a week.

Moreover, a curfew was imposed, together with a deposit of €2,000 and a guarantee of €8,000. The Court reiterated to him that he must keep a one-kilometre distance from his ex-partner's residence, and 500m from wherever she is. 

Lawyer Franco Debono and lawyer Marion Camilleri assisted the accused, while Inspector Audrey Micallef led the prosecution.