A court has heard how a man used an unlocked mobile phone, used by his partner, to access her social media accounts and harass her and how the woman had then tried to smash the device, which belonged to him.

In separate arraignments today, police have charged an estranged couple with committing a number of offences against each other.

First to be arraigned was a 37 year old unemployed male from Kalkara who pleaded not guilty to gaining unauthorised access to an electronic device and using it to send threatening and harassing messages to his ex-partner. He was further charged with disobeying police orders.

Lawyer Joseph Ellis, appearing as legal aid to the man, entered a plea of not guilty and requested bail, but this was denied by presiding magistrate Joe Mifsud.

In a subsequent arraignment this afternoon, the man’s ex-partner appeared in the dock before the same magistrate. She was charged with stealing the previous accused’s mobile phone, slightly injuring him, causing damage to his property and carrying a knife during the commission of a crime.

The woman, a factory worker from Kalkara also pleaded not guilty to the charges.

The magistrate emphasised that it was not going to treat the woman’s domestic violence case any differently because she was a woman.
Noting that the woman’s mother was waiting to testify, the court summoned her to the stand. She told the court that the man’s moods were as unpredictable as they were extreme. Her daughter had recently told her parents that the man was harassing her on social media and by phone.

The mother told the court how her daughter would receive messages from the man, indicating that he was watching her from hiding spots as she went about her business.

“They have to see each other because they have small children. He likes to beat my daughter too,” she said. The man already has a pending case against him for domestic violence, the court was told.

The accused’s father also testified, telling the court that the couple had split because the man “was very jealous and would follow her around.”

Inspector Roderick Attard, prosecuting both cases, told the court that the man had gone to Zejtun police station to report that his ex-girlfriend, the mother of his two children, had gone to his house and struck him with a knife, also breaking his mobile phone.

She was sent for and told police that she was the victim of harassment and hacking by her ex-boyfriend.  In her statement to the police, she explained that she had ended the relationship in July because the man was aggressive. At one point, he had taken back a mobile phone that he had gifted her and used her unsecured accounts to monitor her and send her menacing messages.

When she had gone to his house to resolve the issue, she had ended up trying to smash the mobile phone “with a protein shake and a knife.”

An expert was appointed to examine two mobile phones belonging to the parties.

Bail was requested. The court said that in the circumstances and from the evidence it had heard, it should grant bail, also because of the couple’s two children.

It appeared that the woman was a victim of domestic violence for the past few months, said the magistrate, and what happened was the result of a pattern of domestic violence. Saying that while violence or damage to property would not be justified by the court, it said her evidence helped place the events into perspective.

The woman was released on bail against a deposit of €200 and a personal guarantee of €2000, being ordered to sign a bail book weekly and observe a curfew when not working late shifts.

Lawyer Francois Dalli appeared for the woman.

Names are being withheld at the order of the court.