Law found to be deficient in kidnap case

A man who kidnapped his daughter while she was in her mother's custody was acquitted of refusing to give the mother access to the child without just cause after a court ruled that his behaviour did not constitute the elements of the crime laid down in the provision of the law he was charged with.

Chief Justice Vincent De Gaetano acquitted Etienne Mizzi after noting he had been charged with "refusing to give access without just cause when ordered by a court or bound by contract to allow access to a child in his or her custody".

He however remarked that he was extremely concerned about Mizzi's arrogant and violent behaviour and called on social services to address the matter, if necessary even with the assistance of the police, before a more serious incident took place.

The chief justice also pointed out that the law did not seem to lay down provision for the kidnapping of a child by one parent from another, which is what had happened in this case.

Chief Justice De Gaetano said he could not find Mizzi guilty as charged because the elements as laid down in the contravention did not match the facts.

Mizzi had originally been found guilty as charged and jailed for two months by the Magistrates' Court.

The chief justice heard how the girl's mother, Fiona Borg, had been granted care and custody of the child and the father had been granted access to his child for two hours twice a week under supervision.

But one day, Mizzi turned up to speak to his daughter and Borg let him speak to her. When she decided it was time for them to leave and told her daughter to kiss her daddy good-bye, Mizzi grabbed hold of the child and although Borg, her mother and aunt tried to stop him, they had to let go of the child because they were scared of hurting her.

Mizzi went off with the girl and did not return her until a court marshall intervened four days later.

Chief Justice De Gaetano said there was no doubt that Mizzi's behaviour was wrong. He also noted that a witness had described the events by saying that Mizzi had thrown his daughter into the car like a sack and the judge remarked that this kind of arrogant and violent behaviour should be addressed.

The judge also noted that Mizzi's behaviour was nothing short of kidnapping his daughter from the mother's custody but unfortunately the law did not make provisions for such an event.

He suggested that, in similar circumstances, the culprit could be charged with illegal arrest or, even a breach of public order or peace.

The section of the law under which he was charged was however very limited and one could not conclude that Mizzi had breached its terms.