Man accused of punching girlfriend
A 45-year-old man today pleaded not guilty to seriously injuring his girlfriend when he allegedly punched her in the face at their apartment on Saturday night.
Police Inspector Tony Cachia objected to bail, pointing out that the accused and the victim live in the same house and have a young daughter.
Defence lawyer Jose Herrera said the woman had moved to her parents' house and bail should therefore not be a problem.
The victim confirmed that she had moved house. She also confirmed that she had been punched in the face and said this was not the first time that the accused was aggressive.
Dr Herrera said that although it was not a nice thing for anyone to hit his girlfriend, she was not in ITU.
The accused was then granted bail against a personal guarantee of €10,000. The woman was granted a two-year protection order, with the accused having been warned not to molest her or he would lose a guarantee of €500.
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C Zerafa
Aug 4th 2010, 12:33
and wait the woman of the sexual harassment gets thousands awarded?? is it just me or this is highly imbalanced???
Val Skinner
Aug 4th 2010, 09:46
Maybe I see things too simply. Leaving a bag of stinking rubbish outside your neighbour's window is "not a nice thing". Punching another person in the face and "seriously injuring" them is a crime - that is why there is a law against it. The other thing that concerns me is the young daughter perhaps witnessing this and learning that men hitting women is "normal". When she is older I pray she does not end up in the ITU because her boyfriend did something that was "not nice" and hears another lawyer using exactly the same excuses to defend her attacker.
Stephen Saliba
Aug 3rd 2010, 17:38
Gentleman with all due respect I think we are missing the woods for the proverbial trees here. The whole argument should be that these kind of bullying actions are not handled with adequate persuasion by our courts. The penalties are less than a slap on the wrist if you will pardon the pun. Couple this incident with the one of the shotgun in the Times today and it all becomes clear. Our laws do not mete out the correct or anywhere near adequate punishment. Hence we end up with bullying boys running. amok in this country. Problem is its getting worst. Teachers get attacked by parents, road rage galore and so on and so forth. Your derision should be directed at the legislator who keeps insisting on doling out meagre punishments for what we all things is uncivilised and unacceptable behaviour coupled with violent actions most of the time. We need more of the Dr.Galea Debono who recently retired and who never minced his words nor his application of the law.
Joseph Vassallo
Aug 3rd 2010, 17:25
What I'm contemplating now is, "What would Dr Herrera's opinion be if he were to be the victim of a punch (or even a slap) in the face?"
I understand that such a situation arose once when an octogenarian lady slapped a lawyer's face for whatever reason. I believe that, despite her advanced age, the lady was sent to prison for some considerable time, even though the victim-lawyer did not end up in the ITU.
I think Dr Herrera should withdraw his remark in court at the first available opportunity if he wants to save face.
Joseph Vassallo
Aug 3rd 2010, 16:52
Why would he only lose €500 if he defies the court and molests her? What is the €10,000 guarantee for then?
E Compagno
Aug 3rd 2010, 21:22
The guarantee is for him not to abscond and to show up for the next court sittings.
With regards to Dr. Herrera's comment and the big bruhaha that seems to have erupted on this page, I tell you people that you have not been to court or heard defense lawyers trying to make their aggressive and violent clients look like tame lambs if you are shocked at that.
Lawyers, as much as we might need them to help us and interpret the law for us, can be the most sneaky slimey snakes, using tactics, legal loopholes and words to instill unfounded doubts, twisting the way facts look until they don't seem like facts anymore but mere presumptions often resulting in the aggressor getting away or getting a slap on the hand.
I'd love to have a defense lawyer's paycheck.. but I'd hate to do their job. Defending the scum of the earth must suck.
C. Conti
Aug 3rd 2010, 16:42
Why ... the court should have fined the man € 50 - like in the Maltese Canadian shotgun case. (see today's Times) :) Where is the NO TOLERANCE attitude that we should have?
...and is Jose saying that short of hitting a person in the face and sending him or her to the ITU is 'not a nice thing' but acceptable ? UNBELIEVABLE AND SHAMEFULL !!
J Spiteri
Aug 3rd 2010, 17:21
@ C Conti
"and is Jose saying that short of hitting a person in the face and sending him or her to the ITU is 'not a nice thing' but acceptable ? UNBELIEVABLE AND SHAMEFULL !!"
That this is acceptable is something YOU and only YOU added on!!!!!!! Dr Herrera was trying to persuade, and succeeded, the law courts that the accused could be granted bail. He never said that hitting a person is acceptable!!!!!!
These comments hereunder are what I call "UNBELIEVABLE AND SHAMEFUL"!!!!!
E Compagno
Aug 3rd 2010, 21:31
@ J. Spiteri.
Dr Herrera did not seem to be trying to convince the court on the issue of bail but on the gravity of the act for the forthcoming sentencing.
Like a good defense lawyer, he tried to play down what happened as if what happened is a big overreaction to a normal regular lovers argument. Like.. it wasn't quite a punch.. cos she's not in ITU.. more like a loving little touch of the cheek.. and if the judge could buy it, I'm sure a shot for it being a big misunderstanding would have been throw in.
That's what defense lawyers are paid to do. But then again, I've seen worse tactics being used. This is nothing.
Joseph Vassallo
Aug 3rd 2010, 16:24
X'ghandu x'jaqsam il-partiggjanizmu, Sur Spiteri?
Din kienet rimarka fierha u bla' bzonn u ma' kella qatt tinghad, sakemm ma kienx hemm xi haga fit-tonalita' tas-sur avukat biex tindika xi ironija jew sarkazmu. Ahna qed nikkumentaw fuq li qed naqraw ghaliex ma' smajniehx "a viva voce."
SMifsud
Aug 3rd 2010, 16:21
Reading between the lines it seems that the comment was uttered as part of a lobby so that his client will be granted bail....and that makes sense!!!
Franco Farrugia
Aug 3rd 2010, 16:19
Ghalija, t-tort mhux tieghu: it-tort huwa tat-tfajla. Mal-ewwel darba li messha, messha telqitu jew urietu l-bieb ta' barra. Imma certi tfajliet u nisa jiehdu pjacir, donnhom, li jaqilghu is-swat u jkunu vittmi ta' vjolenza. Kif tispjega l-fatt li joqghodulhom lil dawn l-irgiel, u 'jahfrulhom'. Fil-vjolenza fil-koppji, anke mizzewgin, m'hemmx mahfra u ta' 'ghax l-ewwel darba'. Bla hniena!
N. Pace
Aug 3rd 2010, 16:25
Vera tifhem Sur Farrugia.
Mhux kulhadd jista jitlaq kif gieb u lahaq sa kemm mhux ha tilhaqqhom inti f'darek!
Joseph Vassallo
Aug 3rd 2010, 16:32
Iva taf; joghgobhom id-dbengil u li joqghodu jghattuh bil-makeup biex ma' jindunawx tal-familja.
Naqbel 100% li min jerfa' jdejh fuq martu jew uliedu ghandu jigi muri l-bieb ta' barra, imma l-knisja dejjem tezigi l-mahfra. Mbaghad meta l-vittma tispicca "L-ITU" forsi jsir xi haga biex jitrazzan; imma jkun tard wisq.
Il-habs forsi jsib kappell jigiegh gall-inqas u forsi tigiegh xi ndiema.
Franco Farrugia
Aug 3rd 2010, 17:17
@ N Pace: Jien m'ghandix ghalfejn nilqaghhom f'dari ... jien nimtedd fuq is-sodda li nifrex jien ghalija nnifsi. Halli haddiehor jaghmel l-istess.
@ Joseph Vassallo: Bilfors li joghgobhom id-dbengil; allura, jagixxu, hux. Illum, il-ligi hija iebsa fuq min jerfa' jdejh, anke domestikament. Din m'ghandhiex x'taqsam ma' knisja. Il-knisja tghid li trid. U dawn in-nies, ma jispiccawx go habs.
Joseph Vassallo
Aug 3rd 2010, 18:13
Franco Farrugia, mhux kullhadd ghandu l-istess inizjattiva. U x'nighdu ghas-sens ta' misthija, nferjorita' u dipendenza li jinbed f'dawn in-nies abbuzati, specjalment meta, sa' ftit taz-zmien ilu, meta jmorru jirraportaw il-vjolenza, hadd ma' kien johodhom bis-serjeta' jew jghidulhom biex jiehdu pacenzja?
Tort taghhom sa certu punt biss, imma m' ahniex nitkellem fuq fetixismu jew dominanza.
Franco Farrugia
Aug 3rd 2010, 18:21
@ Joseph Vassallo: Naqbel ftit mieghek, imma mhux wisq. Qed nitkellmu fuq sahansitra tfajliet ghadhom zghar, li ghadhom ma bdewx jghixu mal-boyfriends taghhom, taf!!!!!! Jerfghu idejhom fuqhom!!!! U jibqghu maghhom, dawn it-talin! Allura, tigi tghidli li mhux tip stramb ta' fetixizmu??
S. Attard
Aug 4th 2010, 12:26
Bhala bazi ghandek ragun u naqbel mija fil-mija mieghek. Mghandix dubju li kieku inkun jien hekk naghmel.
Imma qed tinsa li mhux kulhadd l-istess u mhux kulhadd ghandu il-kuragg jitlaq minn sitwazzjoni li fl-ahhar mill-ahhar ikun drahha. Hafna nisa jghidulek: hekk forsi naf fejn qeghdha imma jekk nitlaq naf insib ruhi f'nofs it-triq u mghandix fejn nahdem u naqla il-flus. Ohrajn jibqghu hemm biex it-tfal taghhom ma jisfrattawhomx minn dik li hi l-istampa ghal ghajn in-nies, halli hadd ma jghid dak mghandux omm jew missier. Hawn Malta hawn hafna stigma. Imbaghad hawn hafna nisa li sfortunatament ihossuhom nullita ghax mghandomx ragel - li hi haga ta l-istupidi ghalija. Sfortunatament hawn Malta anke lejn min jibqa single iharsu bl-ikrah ahseb u ara. Meta taghlaq certu eta u tkun single hafna jahsbu li ghax int gay, sfortunat jew li ghax hadd ma jridek, ma jghidux forsi bniedem komdu wahdu u qieghed hekk b'ghazla.
Ghalhekk ma jitilqux hafna minnhom ghax ahjar jidhru fit-triq u quddiem in-nies mal-partner milli wehidhom.
Joseph Vassallo
Aug 4th 2010, 13:40
Franco ma' nahsibx li hu fetixismu f' l-ebda sens.
Iktar nghid li ma' jkunux iridu jammettu li ghamlu zball u jilaghqu dak li jkunu stqarrew mal-familja fuq kemm ihobbuh u kemm u ragel twajjeb. Fil-bidu probabbli hekk kien sakemm dara il-friex shun imma mbaghd jigi s-sajf u l-friex shun ma' jibqax helu daqs kemm kien qabel ma' ndara.
Imma bhal ma diga' ghedtlek, naqbel li ghandhom juruh il-bieb ta barra mill-ewwel.
J Spiteri
Aug 3rd 2010, 16:07
Dan il-kummenti fuq Dr Herrera bis-serjeta`?????
Mela qatt ma kienu l-qorti biex jaraw avukat x'inhu xogholu?????? Mela b'daqshekk qed juri ruhu favur il-vjolenza? Nahseb li l-istatement tieghu "not a nice thing for anyone to hit his girlfriend" hi bizzejjed biex dawn jirrealizzaw li qed joqomsu qabel ma jaqraw sew l-artiklu u jirrealizzaw li dan hu kas tal-qorti!!!!!!!!
Possibli ghad hawn min hu daqshekk partiggjan???
Joseph Vassallo
Aug 3rd 2010, 16:20
X'ghandu x'jaqsam il-partiggjanizmu, Sur Spiteri?
N. Pace
Aug 3rd 2010, 16:21
X'ghandu x'jaqsam il partiggjanismu?
J Spiteri
Aug 3rd 2010, 17:15
X'ghandu x'jaqsam "partiggjanizmu"??? Possibli li HADD ma jaf kif ikunu l-istatements tad-difizi tal-avukati? Kull avukat jitkellem b'dan il-mod inkella jista' jzarma! U ejja .... dan l-attakk mhux ghax l-avukat hu propju Dr Jose` Herrerea???? Ha noqoghdu nilaghbuha li ma nifhmux ghax partiggjanizmu wkoll issa!!!!!!
B. Attard
Aug 3rd 2010, 16:02
Forseeing the decline in marraiges, that's why the government wants to pass the co-habiting law to safe guard the lawyers income.
Joe Cordina
Aug 3rd 2010, 15:52
Dr Herrera said that although it was not a nice thing for anyone to hit his girlfriend, she was not in ITU.
This is a statement that should have never been uttered. What a shame
Edward Sammut Alessi
Aug 3rd 2010, 16:02
It is very different to bruise someone and to disfigure their face, it should defenitly be mentioned.
M. Vella
Aug 3rd 2010, 16:09
@ Sammut Alessi
are you saying that it should condoned?????
Hubert Paul Farrugia
Aug 3rd 2010, 15:51
Is this some kind of professional haggling tactic? Well done Dr Herrera! Ara f'xiex spiccajna...
M.CALLEJA
Aug 3rd 2010, 15:45
kemm ha tagbuwa ! all he's doing is defending his client...wara kollox veru daqqa ta harta qatt ma tefat nies l ITU ! kemm sirtu qaddisin ....
Joseph Vassallo
Aug 3rd 2010, 16:17
Hallina Callejja, tridx? Daqqa ta' harta mhix "Punch" imma "Slap" gbin. Punch hija daqqa ta' ponn.
N. Pace
Aug 3rd 2010, 16:20
Kont tghid hekk kieku qlajta inti id-daqqa?
Ma nahsibx hux? Mhux ta b'xejn sejjer lura dan il-pajjiz jekk hafna nies jahsbuha bhalek!
M. Vella
Aug 3rd 2010, 16:22
Not even a slap should be condoned!
Joseph Vassallo
Aug 3rd 2010, 16:34
@N Vella: I agree.
P. Attard
Aug 4th 2010, 07:55
Int bis-serjeta?????????? Min itik id-dritt terfa idejk fuq haddiehor? Jaqaw int xi cowboy milli hawn go dan il-pajjiz li kull ma jmur dejjem isir aghar. Ghalhekk wasalna fiex wasalna Calleja ghax hawn nies bhalek. Tridx tkun fit-triq u jtik daqqa ta harta xi hadd halli naraw x'taghmel?
l fenech
Aug 3rd 2010, 15:40
Dik it-trobbija u l-edukazzjolni tal-missirijiet flok jikkoreguhom u jghatuhom ezempju tajjeb.
Vasilisa Brandenburg
Aug 3rd 2010, 15:39
Prossit Dr Herrera.... amazing!!!
Mike F Abbot
Aug 3rd 2010, 15:36
If only they got married - then life would perfect because abuse like this doesn't happen when you are married.
Oh look, read again. They're not married. She can leave her abusive boyfriend and properly protect her daughter without the overbearing social pressures and stigmas cast by our anti divorce mafia.
T Cuschieri
Aug 3rd 2010, 15:32
This is purely unbelievable!
John Mifsud
Aug 3rd 2010, 15:23
Int biss serjeta Dr Herrera????????
Dennis Agius
Aug 3rd 2010, 15:21
What a stand up comedy, hope to retire soon so i will have the time to stay in court halls entertaining myself!!!!!
Joseph Vassallo
Aug 3rd 2010, 15:15
If she had been in ITU, would Dr Herrera have said to the court, "She's not yet dead" ?
Most unwise remark in my view.
JOHN O SCERRI
Aug 3rd 2010, 15:12
'Dr Herrera said that although it was not a nice thing for anyone to hit his girlfriend, she was not in ITU'.
Unbelieveable !!!!! am I reading correctly??
Whatever the case and whoever is the cause no one..... NO ONE has any right to lift one's hand over the other let alone cause harm and hardship .
Such violent behaviour in housholds and in front of young children must not be downsized just because the victim did not end up in ITU .
'......this was not the first time that the accused was aggressive...'
What shall we wait for then .....until a woman is beaten to death . Then maybe stricter penalties will come in force...MAYBE !!!!!!!!
M. Vella
Aug 3rd 2010, 15:18
Who knows what Dr. Herrera would reply if that would be the case?
T Cuschieri
Aug 3rd 2010, 15:37
Probably if that's the case he'd say that there's a 50-50 chance that she went to heaven and is now in a better place.
Absolutely disgusting attitude and can't believe what I just read!