‘Unknown father’ cleared of holding daughter from staying with mother
Court clears 'unknown father’ from charges relating to an incident when he refused to obey police orders and hand over his daughter to her mother, on advice by ‘Appogg’.
A man who admitted to hiding the paternity of two daughters from authorities, for the mother to enjoy social benefits, was cleared from a series
of charges relating to an incident in 2004, when he refused to hand over one of his daughters - a minor - to her mother, who had full custody.
The man - who's identity cannot be revealed by court order - was cleared by Magistrate Giovanni Grixti of disobeying police orders, kidnapping and relapsing.
While calling on the Police to take note of the man's admission to having deliberately withheld his paternity to enjoy social benefits, Magistrate Grixti said that it was not the competence of his court to rule on the matter, as the charges were of a different kind.
In his ruling, Magistrate Grixti noted that the incident between the accused and the police was a result of 'advice' which was given to the man by officials at Appogg agency.
The man had decided to ask for advice regarding his daughter, who was refusing to return to her mother's home. The mother had an alcohol problem, and used to hit her daughter, albeit not in a serious manner.
When the father refused to return the girl, the mother had filed a police report, prompting officers to turn up at his home at night to hand her over.
The man resisted the police and kept the girl away. He was arrested and subsequently prosecuted for disobeying police orders and for holding the girl against her will.
In its considerations, the Court agreed with the man of having followed the advice given to him by Appogg, and justified his resistance to hand over the girl at night time.
The court cleared the man of all charges.