A 36-year-old Nigerian father has been released on bail after having been charged with violence against his minor son.
The man, whose name is not being revealed so as to protect the identity of the victim, was also charged with having slightly injured the boy, with having caused him to fear the use of violence and with having breached the terms of two conditional discharges granted earlier following similar charges of violence against the same boy.
The accused pleaded not guilty to the charges and requested bail. The prosecution objected to this request.
The defence pointed out, before Magistrate Consuelo Scerri Herrera, that although his client had various conflicts with his son, he denied having inflicted violence upon the boy. The court was told that the accused had undergone a kidney transplant operation and was currently unemployed owing to his medical condition.
Staying at home to care for his three children while the mother worked 12 hour shifts, was no easy feat, the court heard. The defence further argued that if the accused were to be remanded in custody, his health would be negatively affected and the whole family would have to endure greater stress.
The court declared that it understood the particular situation of the family. At the same time, it wanted to make sure that there would be no contact between father and son.
When called to testify the child's mother declared that after the previous incidents of violence, which had been addressed, she checked her children every day and had never seen any marks on them. The woman also denied ever having seen the father violently treat their children. However she admitted that she was away from home for long stretches of time and therefore could not say whether her son was telling the truth.
The court upheld the request for bail against a personal guarantee of € 1,500. It also issued a protection order in favour of the child. For the purpose of providing for the safety of the boy, the court ordered the child to be removed from his parents' home and taken to live with his maternal grandparents pending the course of the proceedings.
Inspector John Spiteri prosecuted.
Lawyer Stefano Filletti was defence counsel.