The Malta Independent 25 April 2024, Thursday
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Defence contests psychiatric declaration Kalkara cave victim unfit to testify

Helena Grech Thursday, 18 January 2018, 13:29 Last update: about 7 years ago

Defence lawyers of Roddie Williams ,who is accused of holding his estranged wife captive in a dark cave, are contesting a psychiatrist’s declaration that she is unfit to testify due to a lack of physical symptoms.

Psychiatrist David Cassar had submitted a declaration via an affidavit last Monday, prompting presiding magistrate Claire Stafrace Zammit to order Cassar to testify in court about how he came to his conclusion.

Roddy Swinton Williams, 37, is accused of placing William's life in manifest jeopardy, sexual assault, holding her against her will, harassing her and causing her to fear that violence would be used against her.

Roddy Swinton Williams was born in the Seychelles and was residing in Fgura.

He was also charged with being in possession of heroin, slightly injuring his wife and threatening a policeman.

Natalie Williams was found in a cave without food or water days after she had been reported missing. The 46-year-old was due to testify against Swinton Williams last week, however a doctor said she was unfit to do so.

Stafrace Zammit did not recognise the general practitioner's note and requested that a psychiatrist evaluate William's mental state.

Last November, the courts heard how she remained in the cave out of fear, not knowing what her estranged husband would do to her had she escaped.

It has been alleged that the estranged husband pushed his wife down a flight of stairs, into the sea, forced her to get to the cave and kept her in the dark. It was also claimed that he raped his estranged wife twice throughout the three-days she remained in the cave. 

While the court ordered that the psychiatrist’s testimony be heard behind closed doors, to safeguard the integrity of the victim, through submissions for a request for bail it emerged that the defence takes issue with the psychiatrist’s conclusion.

Lawyer Franco Debono representing the accused argued that his client has been behind bars for four months pending the estranged wife’s ability to testify in court about her ordeal. He stressed that Nathalie Williams is living her life relatively normally.

From his submissions, it emerged that the psychiatrist told the court how Nathalie Williams was not sleeping at night, that she was suffering traumatic flash backs and that she was living in fear.

Debono stressed that the case was extraordinary with having the lead witness not testify for four months. He went on to say that in the interest of justice, and the fact that bail should be the rule and not the exception, that so far it is not known when the woman would be testifying, his client should be granted bail.

Magistrate Stafrace Zammit did not pass judgment on the request for bail, and assured the defence that she would not take her decision lightly. 

 

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