A man threw his son's bag out of a car's window after the youngster chided him for using his phone while driving, a court was told today.

The man ended up in court to face charges of abusing his son amidst a 10-year acrimonious legal battle with his estranged wife, in a case referred described by his lawyer as a "separazione coi fiocchi".

The man, whose name is not being revealed to protect the identity of the alleged victim, was questioned by the police after a report filed by social workers who were alerted by the boy's guidance teacher.

The court heard how on one occasion the mother had taken her son to a doctor who diagnosed him as suffering from suffocation symptoms.

On another occasion, the accused had thrown his son's bag out of the car window when the boy chided him for talking on his mobile while driving.

Even the grandparents had occasionally rebuked the accused for his rough manners with his son.

There was allegedly another episode when the man locked the boy outside in the balcony. 

The defence pointed out that the accused, an IT specialist, was a normal person with no criminal record sheet, a good educational background and healthy upbringing.

The court was asked to note that the criminal action had stemmed from a complaint filed by the Appogg Agency and not by the child's mother. Social workers had informed the police since they feared sexual abuse. Indeed, there was no sexual abuse but rather an allegation of domestic violence which was a totally different scenario, the defence argued.

The accused had a very strained relationship with his estranged wife, who had care and custody of the couple's son. The mother would doubtlessly make sure that the boy would have no future contact with the accused, the defence remarked.

The prosecution objected to the request for bail. Granting the accused his freedom would be like "throwing a can of petrol onto a bonfire" argued the prosecution who insisted that it would not be in the best interests of a fair trial.

The defence argued that to send the accused back to prison was an extreme measure.

The court, presided by magistrate Charmaine Galea, granted bail against a deposit of €500 and a personal guarantee of €5,000 whilst ordering the accused not to communicate with the boy in any manner whatsoever. The court also imposed a protection order in favour of the minor.

Inspector Joseph Busuttil prosecuted.

Lawyer David Farrugia Sacco was defence counsel.

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