Two men were taken to court on Monday after an argument between seven people in Żabbar on Sunday landed a man and a woman in hospital.

The argument was sparked by an estranged couple’s dispute over their young son.

The police arraigned a 23-year old from Żabbar, the woman’s estranged partner and father of the boy, and a 20-year old from Cospicua, who had fathered another son by the woman.

The court heard that the incident happened when the 25-year old mother had allegedly called at her former partner's residence to collect the couple’s four-year old son, at around 4pm.

In spite of a court decree regulating access to the child, the man had apparently been shifting collection points at will, sometimes asking the mother to go to Marsaxlokk, St Paul’s Bay and so forth, said the woman’s lawyer, Albert Zerafa.

When the woman turned up at her ex’s Żabbar residence on Sunday afternoon, a violent argument broke out, with the young mother suffering grievous injuries, including fractures, the court was told.

“My client is not present today because she is undergoing surgery at present,” Dr Zerafa explained, pointing out that Sunday’s incident had not been the first of its kind.

The man pleaded not guilty to having grievously injured his former partner, caused her to fear violence and breaching the peace.

His defence team argued that the accused satisfied all the requisites for the granting of bail, further informing the court that the couple had reached an agreement for the child to live with the father.

That agreement had been finalised but had been withdrawn at the eleventh hour because of interference by other people, the lawyers argued.

Yet, in view of the prosecution’s arguments that the alleged victim was still to testify, and in view of gravity of the offences and the fact that there had been other incidents previously, the court, presided by Magistrate Yana Micallef Stafrace, turned down the request for bail.

As the accused was led out of the courtroom, he was replaced at the dock by the 20-year old who had fathered another child with the alleged victim.

The accused had apparently rushed to the scene of the fight upon getting a call from the woman and had lost his temper upon catching sight of his terrified child.

“I went for him,” the irate father had later told the police.

The man, who had reportedly been accompanied by the woman’s father at the time, pleaded not guilty to having threatened police officers, refused to obey legitimate orders and rendered himself a recidivist.

In view of the fact that there were no civilian witnesses to testify against the accused, the court upheld his request for bail against a personal guarantee of €20,000 and an order to sign the bail book every day.

“I’m going to give you a chance. Violence will not solve things between you, but will only make matters worse for you and your children. I suggest that you abide by bail conditions, otherwise you’ll end up paying €20,000,” warned the magistrate.

The court imposed a ban on the publication of all names so as to safeguard the children involved.

Inspector Joanna Piscopo prosecuted.

Lawyers Clint Tabone, Paul Borg and Stephanie Caruana assisted the Zabbar man.

Lawyer Joseph Brincat was legal aid counsel to the Cospicua man.

Lawyer Albert Zerafa appeared parte civile.

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