Man remanded in custody after breaching protection order

A man has been remanded in custody after breaching a protection order by messaging his ex-partner.

The accused is a 23-year-old man from Syria living in Marsascala.

Testifying in court on Wednesday, a police inspector recalled how on 18 November at around 11:30 pm a woman, the victim, went to a Domestic Violence shelter on the basis of a report filed by the victim against her ex-partner.

The victim’s ex-partner, the accused, was reported for allegedly breaching a protection order in favour of the victim by a judgement on 30 October 2024.

According to the inspector, the accused started messaging the victim on WhatsApp. Among the messages he had sent her was a message saying he still loved her, the inspector said.

The police went to the man’s residence in Marsaskala but he was not there. Later, he was found and arrested near a Mosque.

The inspector said the accused cooperated with the police and the defence is not contesting the validity of such arrest.

Following the arrest, police took a statement from the accused in the presence of the his lawyer. During this statement he said that three days prior to the arrest, the victim had actually sent the accused messages, despite the restraining order.

The accused pleaded not guilty to the charges brought against him, with the defence requesting bail.

The prosecution countered the defence’s request for bail and told the Court that the accused has no legitimate document tying him to Malta. Whilst he was given notice to stay in the country until 12 March 2024, according to the prosecution, no permission appears to have granted the accused to remain beyond this date.

The defence also noted that certain messages were automatically deleted by WhatsApp, suggesting that the victim breached the protection order first.  “Who went against the protection order first? The accused, or the victim?”, the defence asked, arguing that the pending status of the accused is not a sufficient enough reason to state that bail should not be granted in his favour owing to a lack of fixed ties to Malta.

The Court decided to issue a protection order in favour of the accused, prohibiting him from contacting the victim in any way.

The accused’s brother took the stand, stating that he has lived in Malta for the past six and a half years, presenting his driving license as proof of identity. He further testified that he is self-employed and willing to aid his brother financially if the Court granted him bail. The accused’s brother also confirmed that the accused was not listed on the lease agreement.

Defence lawyer Nicholas Mifsud argued that the alleged victim lit a fire by contacting the accused, then complained about the smoke produced by the fire she herself had lit.

He argued that the pending status of the accused is not a sufficient enough reason to state that bail should not be granted in his favour owing to a lack of fixed ties to Malta.

The Court, presided by Magistrate Rachel Montebello, denied the request for bail due to the reasons cited by the prosecution. The accused was remanded in custody.

Lawyer Nicholas Mifsud assisted the accused, and Inspector Christian Cauchi led the prosecution.