Mother seeks Presidential pardon
The mother who was jailed for three months for not giving her husband access to their teenage son has asked for a Presiden-tial Pardon.
The 57-year-old woman wrote a letter, through her lawyer Ludwig Caruana, to President George Abela asking him to issue a pardon as allowed in the Constitution of Malta.
A spokeswoman for the President’s office said he had received the letter and had forwarded it to Justice Minister Chris Said “for his consideration and advice”.
A petition asking for a pardon to be granted is also being circulated and will be presented to the President within the next few days.
The Constitution gives the President the power to “grant to any person concerned in or convicted of any offence a pardon”. The request for the pardon first goes to the Justice Minister and is then referred to Cabinet that advises the President whether or not he should grant it.
Moviment Graffitti is also circulating a petition requesting a Presidential Pardon for the woman. Mary Grace Vella, from the movement, said the petition may be put online over the next few days.
Two weeks ago the appeals court confirmed a magistrate’s decision to sentence the mother to three months’ imprisonment for refusing to grant her ex-husband access to their son on 13 occasions.
Her son, who was 16 at the time, has told The Sunday Times that his mother never told him not to visit his father and he called on the courts to listen to children. He felt his mother did not deserve to be given the harshest punishment allowed by law in such cases.
His father disagreed, telling The Times that his ex-wife deserved what she got as she kept refusing him access to his son out of revenge.
Throughout the court case the mother insisted that she never told her son not to spend time with his father. He was old enough to decide and she did not push him when he did not want to go.
Speaking to The Times from prison on Wednesday – 15 days into her jail term – she said: “I never poisoned my son against his father – I didn’t say good things but neither did I say anything bad.”
On Wednesday night Moviment Graffitti held a vigil outside the prison in Paola to show solidarity with the woman.
Those who attended called for a pardon and urged the Government not to fire the woman, a teacher at a state school, once she gets out of prison.
Questions were sent to the Education Ministry on this point but the reply was that the issue fell under the Public Service Commission. The Times is waiting for replies from the Commission.
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r buttigieg
Oct 14th 2012, 02:45
funny how many women here object that a woman , was jailed (i don't agree by the way with the sentence) but on the other hand there s always a deafening silence if a man was jailed for failing to cough up the dough.
M Saliba
Oct 13th 2012, 06:34
The 17 year old son son knew that he had to visit his father, he didn't do so. He had every means available to do so. It seems that in this case the law does not make a distinction between a 7 year old child and a 17 yearl old young man who can decide for himself. I hope that common sense prevails, and the mother be released from prison as soon as possible.
brian bonello
Oct 12th 2012, 15:54
Jien missier ta tifla illi l-omm fin-nuqqas ta digriet mill qorti kemm il darba cahdita milli tarani..kelli nidhol il-qorti biex nitlob permess nara lit tifla ghax l-omm xebghet tisfida lill puluzija.lanqas biss kinet thallini nkellima bit telefown..u minn fuq tinki billi tehoda ma ragel iehor mizzewweg .ghandu jkun hemm pieni horox ghal dawn in nies li jcahhdu t tfal mil genituri naturali taghom.
John Zammit
Oct 12th 2012, 14:48
In the first case the courts should have never sentenced her to prison. Second point is that she should be pardoned without delay and kept in her employment. Not put her on the Dole
Adrian Gouder
Oct 12th 2012, 14:33
A jail term or punishment now cannot have the effect of correcting the problem now, and most certainly cannot have a positive psychological effect on the son, quite the contrary. This punishment just feeds the husband's need for vengaence. I wonder if the son visits his father now after this.
For me, as a one off, free the woman and let everyone get on with their life.
Charles Miceli
Oct 12th 2012, 14:31
This woman should be pardoned as soon as possible. Sending her to CCF could be legal but its immoral and inhumane.
Joseph Caruana
Oct 12th 2012, 14:17
Immediate Pardon. This lady has already spent 15 days in prison because her 16 year old son did not want to visit his father who left him when he was still in his mother's womb. What a shame for our courts. Immediate release!!
James Tyrrell
Oct 12th 2012, 14:03
Let her out immediately and lock the father up instead. What the hell sort of father supports the imprisonment of his child's mother and seems to think he has the right to force his son to visit him against his wishes? Malta has the worst courts in Europe.
Ivan Falzon
Oct 12th 2012, 13:41
ideally neither of the parents should end up in prison, however i am of the opinion, that in this case, the mother really is guilty, otherwise the courts would not have taken this harsh option.
Sandra Pace
Oct 12th 2012, 20:40
The law only takes judgement on not what is fair, right or wrong. But on alleged reports and evidence. If the mother has not gone to report each time he did not show up for vistation hence he can still go to the police and report access was blocked. A police report whether true or not holds more strenght in court. Winning in court is all based on how meticulous you follow the decree.
david debattista
Oct 13th 2012, 08:21
Sandra Pace , Give us a break ! You have no right to make such a statement since we all know that the court
sad to say is a mess , we all know it ! Question is, who is going to do the hard work and get the MALTA COURT IN ORDER , then Sandra Pace we might listen to what you have to say ! FACTS Sandra FACTS !
No disrespect what so ever ., just another concerned citizen that is all .
Malcolm Mizzi
Oct 12th 2012, 13:11
that they can't simply act as they want without thinking about the repercussions, thinking that they are above the law because they are women. It is pure hypocrisy to call for gender equality than always act biased against men.
Doreen Camilleri
Oct 12th 2012, 15:09
Had the child in question been a baby, toddler or young child i might agree with you...but try forcing a 16yr old to do anything s/he doesn't want to!!!! It has nothing to do with gender equality or inequality.
Malcolm Mizzi
Oct 12th 2012, 13:08
so a man who got his rights infringed cannot have justice because he is not acting upon the welfare of the child? what about the mother not acting upon the child's welfare when denying the father access? and we still think that the Maltese aren't biased against men. She should have known better what could happen when she denied him access, and this is a clear example to all the women out there the
Patrick Camilleri
Oct 12th 2012, 13:56
Oh grow up ..... "she denied him access" ....? do you really believe a parent can stop a 16 year old from seeing his father if that's what he wanted to do?
Malcolm Mizzi
Oct 12th 2012, 14:50
to her to decide. We have a judicial system for a reason, not just to serve as a facade to protect women's rights ignoring those of men.
Mr John Borg
Oct 12th 2012, 15:17
@ Patrick Camilleri
Of course she can stop at 16 year old from doing so. If she doesn't drop him off at the father, he has no other option than to walk it there with Arriva's horrible service . Lol
JUANITA BUSUTTIL
Oct 12th 2012, 13:08
The father says that the mother got what she deserved. By doing this I am sure the father has gained the love and respect of his son. What a total idiot. No wonder his son did not want to visit him. I have been thinking about this poor mother since I read this case and am so glad that something is being done. Once the petition goes on line I am sure there will be a record of signatures.
Jay Oatmon
Oct 12th 2012, 12:58
The basic fact is all this woman needed to do was obey the court - simple. However she would not do this after repeated requests and warnings - so she was sent to jail.
The solution was in her hands but she refused to do what she was legally obliged to do - I have no sympathy for her she knew exactly what she was doing in repeatedly disobey lawful instructions.
Sandra Pace
Oct 12th 2012, 20:44
I do not agree, irrespective if women or men who has custodial residence of the kids is always to blame cause it is convenient. The system has many loopholes and this is one of them. A visiting parents needs to create the bondage with their kids, yet if they go about this the wrong way and do things out of spite and hatred that parent will never acquire the love and respect of their kids.
Sharon Fabri
Oct 12th 2012, 12:36
The son will so start loving his father now that he sent his mother to prison! For me the father only wanted to get his revenge on the mother because he never considered the fact that now his son would probably never forgive him for this! If the father really wanted to start building a relationship with his son, he would have chosen a different way to do this. Shame on the 'justice system'
E SCIBERRAS
Oct 12th 2012, 12:25
What I call revenge is the father taking pleasure that his ex wife is behind bars.
Did he not consider his son's feelings before continuously reporting her to the police in order for her to end up like she did?
The child's wellbeing should always be first and foremost.
N Callus
Oct 12th 2012, 12:20
Where is Helen Damto in this case? Couldn't t her office do something about this rediculous situation. Where the 'child's ' best interests considered?
twanny borg
Oct 12th 2012, 12:11
taf min imissu jmur il-habs? l-ulied adulti li ma jmorrux jaraw lil genituri f'xi home. dawn imisshom jintbaghtu l-habs. hawn kemm trid fis-saqajn.
C Briffa
Oct 12th 2012, 12:11
no parents should finish in jail for matters relating to family disputes unless there is any form of violence. But it is know that when a father ends up in jail no fuss is made.
Ms D. Borg
Oct 12th 2012, 11:51
Does the court honestly think that by sending this woman to jail, the problem has been solved? Definitely not, it only deprived the son of his mother too. I hope she is freed as soon as possible for the sake of this young man.
Maria Camilleri
Oct 12th 2012, 11:29
Le qedghin sew f'dan il-pajjiz
Kelna minn fuq abuz sesswali wehel sentenza sospiza.... Missier li ma hallasx il-manteniment ma jehel xejn... U omm li binha kien ragel ta 16 -il sena u ma rridx minn jehddu jmur jara lil missieru intuha 3 xhur habs, ghar u ghar is-sentenza tigi konfermata mill-qorti ta` l-appell. X'sistema gudizjarja ghadna!
twanny borg
Oct 12th 2012, 12:15
tajjeb inkunu nafu min huwa l-missier. dan biex il-gustizzja mhux biss issir imma tidher li qed issir. mhux hekk?
C Briffa
Oct 12th 2012, 12:19
Allura skond int ghax missier ma jhallas ghal manteniment dan ghandu jmur il-habs? Jew il-ligi hazina ghall-kullhadd jew tajba ghall-kullhadd!!!!
Jien ma naqbilx li la l-omm u anqas il-missier ma ghandhom immorru l-habs.
Paul Bajada
Oct 12th 2012, 11:24
Mr. President, please do not send the wrong message that women can afford denying contact between their children and fathers, without punishment. Malta would become infested with a new generation of adults who feel that fathers aren't and don't need to be part of a family... that they are there to provide towards procreation and alimonies... NO NO NO! Take note of this before it is too late! pls!
Diane Vella
Oct 12th 2012, 12:20
Mr Bajada,
Have you even considered the fact that the son did not wish to visit his father before writing this? ... "infested" ... oh come on!! Let's please hope that the court has not created any sort of precendant by sending this mother to court for having done nothing more than keep to her son's will at 16 years of age!!! the situation is totally hilarious!
Sandra Pace
Oct 12th 2012, 12:39
Mr Bajada, the woman never deprived the father of the child who is now almost an adult. She just didnt force her son to go when he did not feel like which I am convinced is not a crime in reality. The bondage issue is a responsibility the father has to adhere and build. The mother has no fault on this. If as a father he was not able to build a bondage with his son why should the mother be punished
david debattista
Oct 12th 2012, 13:02
Paul Bajada With all due respect; this is one situation which deserve proper study and reflection by specialized professionals . There is no room here for paranoia . We all know that both parents are of the utmost importance for a child's development as a functioning member of any society ! This situation has probably created a sense of guilt on the child, his mother is in Prison RELEASE HER
L Farrugia
Oct 12th 2012, 13:18
Sir, cant you realise how wrong you are? Respect has to be gained. Fathers have got to realise it is important to find time to be with their children and find time tolisten and help them.Most dads dont find the time for this and theyonly concentrate on their jobs till suddenly they realise the children have grown up and by then it is too late.Please dont insult us and keep mentioning money.
Paul Bajada
Oct 12th 2012, 11:21
One thing most people seem to avoid is that the father opened proceedings against the mother when their son was much younger than 17 yrs old.
The mother has done irreparable damage to her son by denying him access with the father. Children need both parents at the same quantity. That is why God created man and woman and both need each other to procreate.
Sandra Pace
Oct 12th 2012, 12:44
I do not agree on this again Mr. Bajada. Had the mother forced her son to go just cause the father threatened to report would have done more irrepairable damage and could in turn when her son grows up, force this kind of trauma on his loved ones as he would have been taught that threatening, forcing and abusing is right. Children have rights too and should be respected !!
L Farrugia
Oct 12th 2012, 13:20
What goes around usuallycomes around MrBajjada and if the father was distant from his son, he is only reaping what he had sowed.
jane camillleri haber
Oct 12th 2012, 13:25
if children need both parents in the same quantity as you put it, his father should not never have left home in the first place. this country has become saturated with fatherless families for long enough. it is always the mothers who stick to their vows and love unconditionally. fathers who do not pay their child maintenance also have become the order of the day. these should be punished.
david debattista
Oct 12th 2012, 11:08
Look lets put the cards on the table . As a Maltese citizen living abroad, I am very concerned with some of sentences given by the Malta court, and I don't mean just sexual or domestic abuse . Same goes for Law enforcement MEPA as an example. Can the President and MPs study this phenomenon since after all it is each and every one of us who suffer, irrespective of one's political believes !
Ms Christine Micallef
Oct 12th 2012, 10:51
"his ex-wife deserved what she got"... for the love of his son?!?!!! Why do you think your son refused to come to you Mister?? Moviment Graffiti - please put the petition online ASAP
Sandra Pace
Oct 12th 2012, 12:48
Well said !!! This surely shows no bondage ever existed with the son, as had he had some decency he could have met him on other occassions which would not have effected his studies like for instance driving him to/from school would have been an option. That way he could have spent time with his dad and used his time more efficiently. But only a thoughtful parent would come to think of such ideas!
Martin Bugeja
Oct 12th 2012, 10:44
Yes indeed! And she should never have been sent to jail in the first place. I don't wish to dampen the lady's spirits but perhaps a bit of cautious optimism is called for in her predicament. This is Malta and it is possible that she may end up receiving the pardon the day after she walks out of the CCF's door, in a few weeks time with God's help! Maybe some good will emerge from your ordeal.......
Dan Vella
Oct 12th 2012, 10:41
Shame on the law ,let her free
J Bonett
Oct 12th 2012, 10:22
Let the mother out of there a.s.a.p !
I openly ask the courts of Malta, when the Father DOES not take his child and is repeatedly reported to the police - what happens ? NOTHING - WOW !
Change the Law ! After all BOTH are the parents.
Mr raynond ciancio
Oct 12th 2012, 09:32
i will not go into the merit of who's right or who's wrong in this particular case all these cases have different circumstances. but all i say is that i have been waiting for a presidential pardon over something else for way over three months, so i feel sorry for the woman, because probably by the time she gets an answer from the president she would have served her sentence.
Paul Azzopardi
Oct 12th 2012, 09:28
I never would agree that a mother or even a father in whatever situation concerning children, unless there was abuse or domestic violence should end up behind bars. There should be a qualified group that should attempt to pacify the situation or come to a solution amicably for the benefit of the children concerned.
Getting freedom for her would mean same for the many men in prison. Right?
jane camillleri haber
Oct 12th 2012, 13:30
how many men are in prison for an identical offense. may i ask?
david debattista
Oct 12th 2012, 09:27
The President and mps should intervene. The courts decision was WRONG WRONG WRONG !
The court own perception should not be directed at the child in such a case. The judges perception is only an accumulation of her/his personal life experiences which is not that of the child . The child was clear in his decision and it should have been respected till more specialized personal take over !
Etienne Camilleri
Oct 12th 2012, 09:17
I show solidarity with the father, he is the one being denied from his son by his ex-wife (even though the court order stated the opposite), the boy might be seventeen but he is still under age. For my son I would do the same, it is just not right!
Mark Anthony Fenech
Oct 12th 2012, 11:23
If he doesn't want to see his father then what?
jane camillleri haber
Oct 12th 2012, 13:39
this is no way to solve the problem. i think it is now too late. since the father decided to take such measures ( even though the court grants him the right to take them) only succeded in distancing his son from him forever, more and more if this poor woman, who's son is a man of 18 next month ends up without a job and his son will have to forfieth university
I. Fenech
Oct 12th 2012, 09:09
In Malta the father is always wrong and the mother right. What about the brain washing against the father all those year ?
L. Thomas
Oct 12th 2012, 10:37
This is very true indeed. However, probably not in Malta only.
L Farrugia
Oct 12th 2012, 13:35
Pls dont generalise, why is it that most of the time its the fathers that abandon the family and very easily find replacements? Children need both parents and it isnt all mums or dads who turn children against the other parent. Its the hurt parents cause theirchildren that effects them throughout their life andchildren,whatever age, never forget when one of the parentshurts the other.
Nathalie Gilford
Oct 12th 2012, 09:07
Ara vera il-Qorti trid iddahhaq!!!
Ahjar jitfghu il-habs lil-dawk li jabbuzzaw mis-sistema tas Servizzi Socjali, dawk li jmorru jirregistraw u jahdmu min wara l-kwinti, dawk li jiehdu l-assistenza socjali ghax jiddikjaraw li ma ghandhomx dhul finanzjarju u mbghad issibhom bl-ahjar karozzi, bl-akbar kumdita id-dar, vaganzi kull sajf u jlahqu ma kull kapricc u lil dawk li jevadu it-taxxi!!!!!!
Mark Anthony Ferris
Oct 12th 2012, 08:55
Presidential Pardon ghax kisret digrit tal-Qorti...id-digriti qedin hemm biex jigu osservati. Mhux bizzejjed hawn Malta hawn parlament tal-" Qedin sew" hemm bzonn indahlu l-president issa fil-lista ?
J. Camilleri
Oct 12th 2012, 08:49
FREE THE INNOCENT MOTHER TODAY!
J. Debono
Oct 12th 2012, 11:45
Innocent? Says who?
The court found her guilty. Who are you, and in what capacity are you declaring her Innocent?
J Tabone
Oct 12th 2012, 08:43
Whilst young child accessibility should be enforced (for bonding purposes), when a child reaches 16+, seeing the parent who is not living in the same house should be left to that child's discretion up to a point. This should allow time for studying when that child has an exam (O or A levels). Dialogue needs to play a very BIG part in this.
C Muscat
Oct 12th 2012, 08:43
Nemmen li f dawn il-kazi kemm tal ommijiet u kemm tal-missierijiet; il-qorti ghandha tara li l-parti li ma hix taghmel xogholha sew (skond il-fehma tal-qorti u skond il-ligijiet) l-ewwel ghandha tordna li jsir dak li ma hux isir; f dan il-kaz li il-missier jara lil ibnu u jekk ghal darba darbtejn ma jigux obduta l-ordnijiet allura jkun habs/multa.
f dan il-kaz nahseb li kollox hareg mghaffeg.
Franco Attard Trevisan
Oct 12th 2012, 08:30
The boy in this issue, though legally he is not an adult, in my opinion was clear enough that he did not want to see his father. It is extremely hard for any mother to make a sixteen year old son do something he doesn't want to or stop him from doing something he wants to do.
I believe our president is wise enough to make the right decision.
M Mifsud
Oct 12th 2012, 10:04
I agree with you and I doubt that the son will gladly visit his father and respect him after all this! Sometimes, the people we regard as family are not always our next of kin, but are persons that genuinely showed us love and respect, regardless of whether they share our DNA or not.
V. Cauchi
Oct 12th 2012, 08:16
US Cardinal's homily on the law which can be a cause for scandal a -
http://catholicnewworld.com/cnwonline/2012/1007/3.aspx
Mario Busuttil
Oct 12th 2012, 08:06
Mhux ser nidhol fil mertu tal kaz partikulari, imma hawn hafna kazi ta separazzjonijiet li l-ommijiet jinqdew u jpattu bit tfal .Ma ninsewx li jekk ir ragel ma jaghtix il manteniment lil mara il Qorti l-ewwel twissi lil individwu u jekk jerga jintbaghat il habs....allura il Qorti trid ukoll taghti pieni ta prigunerija lil dawk li jabbuzaw minn uliedhom billi mjcahhdu lil genitur l-iehor.
twanny borg
Oct 12th 2012, 08:16
dan kaz kompletament differenti.
Mark Anthony Ferris
Oct 12th 2012, 09:07
id-digriti qedin hemm biex jigu osservati ! Piena ta habs zejda f'dan il kas...l-ahjar multa tajba u tara kif kullhadd jaqta dan l-abbuz.
Brian Gatt
Oct 12th 2012, 09:28
I agree Mario, Jien nahseb li dan huwa kas lampanti ta kif mara kienet kapaci iddawwar lill binha kontra missieru.
The law is there for everyone irrespective of the gender, I am sorry she broke the law and she pays. My heart goes out for the Kid because most probably he is blaming himself.
To the father if really your intentions are sincere and to just spite your ex-wife then good luck !!!
B Attard
Oct 12th 2012, 08:06
hope she well get it!
Vincent Cassar
Oct 12th 2012, 08:04
I am more than sure that President Abela, if convinced that this case is genuine and that the woman will benefit more from a Presidential Pardon, will certainly not hesitate. Charity starts at home. On a different note, one wonders whether we need to re-think the penalty system as I have a feeling that it is tough with the weak and weak with the tough...my opinion and I may be wrong.
stephen koludrovic
Oct 12th 2012, 08:47
I don't think that wrong,.But then again this is just my opinion.
stephen koludrovic
Oct 12th 2012, 07:58
Its only fair,that she should get a pardon.
twanny borg
Oct 12th 2012, 07:52
il-poplu kollu jaqbel li tigi mehlusa immedjatament. nistaqsi jekk il-kummissjoni tal-amministrazzjoni tal-gustizzja ghandhiex tistharreg x'gara ezatt biex ittiehdet din id-decizjoni. malta zghira u hemm bzonn jitnehha kull dubju haga mhux probabbli imma tajjeb li l-awtoritajiet iserhu ras il-poplu.
daniel muscat
Oct 12th 2012, 08:46
mhux il poplu kollu, le ta. jekk giet ikundanata trid thalas tghalli ghamlet. mela kulhadd jista jitlob skuza u jitlaq il barra.
Joe aquilina
Oct 12th 2012, 09:05
tkelem alik habib titkelimx al poplu
twanny borg
Oct 12th 2012, 12:29
veru, innehhi xi ftit li t-tfal sahsbuhom gugarelli ifittxuhom meta jaqbel lillhom jew biex jivvendikaw min-naha l-ohra. kieku dan il-kaz ingust imur barra minn malta jidhqu u jitkazaw bina. wara kollox mela ta' 17-il sena tifel? halluna!!
Reuben D. Spiteri
Oct 12th 2012, 07:37
I hope she makes it. Jail for such an issue is unthinkable in my book.
Paul Bajada
Oct 12th 2012, 07:23
If this mother gets a presidential pardon, so can every father expect to get the same treatment when convicted for not paying any alimonies or child support.
May Cassar
Oct 12th 2012, 09:20
Alimony and child support are paid so that the child has food, clothing etc. If the father does not pay his dues the child will suffer. The interest of the child should always be put first. The interest of the parents should come second, That is if the parent really and truly loves the child and not considers him, / her their property. Or a weapon to hurt the ex-partner.
Paul Bajada
Oct 12th 2012, 11:17
When a father is denied contact with his children, it is by far the other way round... i.e. the children are being denied a relationship with their father which they need for their upbringing and their character formation as much as they need the mother.
Therefore, when one parent, denies contact between the alien parent and their child, then it is punishing the child primarily.
L Farrugia
Oct 12th 2012, 13:24
Wrong again. You were there tofather a child and it is your duty, by you i mean dads in general, to pay alimony. If you men have enough money to keep your girlfriends happy,you should in duty be bound to support your children and so say all of us.
john muscat
Oct 12th 2012, 07:18
Presidential Pardon for what, for breaching a Court order? Crazy. Father Mark your ideas are going beyond reason now. Hope the Courts are stricter in other cases because we are going slowly into an anarchy on this island.
Many bloggers always grumble that the Courts are to lenient. So now the Courts have been strict did it merit a protest?
J Grima
Oct 12th 2012, 10:13
The child is without a mother she has done nothing illegal. Call up all the fathers who do not appear in court!
J. Debono
Oct 12th 2012, 07:16
Seeing the poster - Solidarity to whom? The mother or the father?
In my opinion, not seeing your children and not be part of their life is worse, much worse than 3 months prison. In this case I show solidarity to the father.
Maria Camilleri
Oct 12th 2012, 11:40
Indeed! But a 16 year old should have a right not to see his father if he does not want to do so. Why punish the mother? If one of my parents pressed charges against my other parent because I, out of MY OWN FREE WILL refused to go and see him/her, that parent would probably never see me again once I reached 18 and the court order was automatically lifted.
paul camilleri
Oct 12th 2012, 07:13
if your a melliehian national then maybe you get a pardon
Joe aquilina
Oct 12th 2012, 09:06
nice
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