A judge has given a man a €5,000 discount on a fine handed down in a domestic violence case after he was cleared of causing his partner to fear that violence will be used against her.

The man, whose name cannot be published to protect the identity of the victim, had been fined €6,000 after he had slightly injured his partner when he hit her with the car.

The incident had happened on December 17, 2013, at 3pm, when the man went to look for his partner who was attending a Christmas work event at a Floriana hotel.

The court heard how the man arrived as the woman and her colleagues were entering the hotel, hitting her with the car. The woman was only slightly injured because the car stopped in the nick of time. She had lost her balance and hit her face on the car’s bonnet.

The Magistrate’s Court had found the man guilty of slightly injuring his partner and of causing her to fear that violence will be used against her. But the man appealed, saying there was no evidence to prove the last charge.

The Court of Criminal Appeal, presided over by Mr Justice David Scicluna, upheld this argument. He noted that, although the woman had filed several police reports against the man, she never wanted action to be taken against him. Moreover, she would file reports to the police but then return to the man and continue their relationship.

Mr Justice Scicluna said that the texts exchanged between the two earlier that day did not indicate that violence will be used against her. He, therefore, upheld the appeal and reduced the fine from €6,000 to €1,000.

The judge, however, rejected the Attorney General’s request to convict the man of driving under the influence of alcohol. He noted that, although the police inspector said the man had failed the breathalyser test conducted four hours after the incident, it was not confirmed in court and the person who carried it out was never brought to testify in court.

Mr Justice Scicluna also issued a protection order for the woman and her children.