Former Gozo Minister Anton Refalo has been cleared of domestic violence charges after a magistrate dismissed a police officer’s testimony as “hearsay”.

Dr Refalo, a long-standing MP who also serves as chairman of Heritage Malta, stood accused of having beaten his son.

In his judgement, magistrate Joseph Mifsud noted that a doctor had confirmed Dr Refalo’s son had suffered slight injuries.

He also noted that Dr Refalo’s wife, who was present during the incident, had asked to be exempt from testifying – a request he granted, citing case law. The teenage victim was also exempted from testifying.

Domestic violence laws empower the police to press charges without a victim’s consent.

Nevertheless, magistrate Mifsud dismissed claims made by a police officer, saying that nobody who testified had witnessed the alleged events. 

“Apart from the police officer’s testimony, which is mere hearsay, and is therefore inadmissible as evidence, this case is marked by a lack of proof which can substantiate the claim,” the magistrate noted.

He cited legal notes on criminal procedure, which noted that evidence should be rejected as hearsay if “first, that the person originally stating the facts does not state them on oath, and secondly, that the person against whom the evidence is offered had not the opportunity of cross-examining that other person as to his recollection, veracity or means of knowledge”.

In 2016, Times of Malta had reported that magistrate Mifsud had served as a consultant to the Gozo Ministry prior to being nominated to the bench.