A mother snatched her baby from the father’s arms and locked the two of them into an upstairs bedroom after a dispute over custody turned nasty over the weekend, resulting in the father threatening to kill the child if he could not keep him.
Libyan-national Mohamed Elbarghati, 28, was arraigned in court today facing charges of having threatened his Maltese partner with a knife in the course of the argument on Saturday inside the family home.
The court, presided over by Magistrate Marseanne Farrugia, heard how the couple, who resided with the woman's parents, were facing matrimonial problems. Indeed, lawyer Roberto Montalto appearing parte civile for the victim, pointed out that there had been past incidents between the two.
Earlier orders to keep away from his partner had allegedly been ignored by the accused, Dr Montalto pointed out. The man was insisting on a personal separation and on taking the 11-month-old child away from its mother.
Last Saturday, an argument broke out between the couple which resulted in the mother locking herself inside an upstairs bedroom together with the child. The enraged man had grabbed a knife and threatened that if he could not keep the child, he would kill him.
“My clients are scared of the accused because of what happened and do not feel sufficiently protected in the circumstances,” remarked Dr Montalto, requesting the court to issue a protection order in favour of the victim.
However, the magistrate observed that if she upheld the request for a protection order she could not then, logically, refuse bail, prompting Dr Montalto to note that the court had to balance the rights of the accused against the need for public order.
The prosecution informed the court that the man had provided an alternative address in St Paul's Bay where he could take up residence in the eventuality of being released from custody.
Defence lawyer Leontine Calleja argued that the whole incident had been sparked off by the fact that the man was being kicked out of his home. The child had been in the accused’s hands when its mother and grandmother had tried to snatch the baby from his grip.
“My client left of his own free will,” she said, adding that the whole incident had been blown out of proportion.
“I’m not saying there was no argument but that it was greatly exaggerated by the other side,” the legal aid lawyer insisted, pointing out that her client deserved to be granted bail, although he did not have sufficient funds to cover a bail deposit.
As this plea was upheld by the court, the arrested man cried tears of relief. The court ordered the man to provide a third party guarantor to cover a €6,000 bail bond. Moreover, the man was ordered to steer clear of his partner.
Inspector Charlotte Curmi prosecuted.