Father threatened to kill his baby if he lost custody, court hears

A father threatened to kill his baby if he were to lose custody over him, the court heard earlier today.

Last Saturday, the mother of the 11-month-old child locked herself into a bathroom, child in arms, after a heated argument regarding custody with the child's father, following which the further threatened to kill the child if he could not keep him.

28-year-old Libyan national Mohamed Elbarghati was today arraigned in court charged with threatening his partner, a Maltese woman, with a knife, in the home of the woman's parents.

The court was presided over by Magistrate Marseanne Farrugia.

Farrugia heard that the couple, who also resided at the house of the woman's parents, was facing issues within their marital relationship.

Lawyer Roberto Montalto, who appeared parte civile for the victim, brought to the court's attention that there had been prior incidents between the couple. However, Elbarghati had allegedly ignored orders to stay away from his partner, and instead pushed for a separation and custody of the child.

Allegedly, following the argument, the mother took the child and ran to an upstairs bathroom in the house, after which Elbarghati grabbed a knife and stated he would kill the child if he could not keep him. Montalto argued that his clients do not feel protected enough and requested a protection order to be issued by the court. The magistrate, however, said that if she upheld a request for a protection order then she could not refuse bail. The court was then informed that a different address was provided by the accused to move into when he is released from custody.

Legal aid lawyer Leontine Calleja, defending Elbarghati, told the court that the whole thing began because her client was being kicked out of his home, and that it was the child's mother and grandmother who tried to take the baby from his hands. She said that the whole situation was "exaggerated."

Calleja argued that the man deserved to be granted bail, even though he did not have enough funds to finance a bail deposit.

This plea was upheld by the court, together with an order for the man to provide a third party guarantor to cover the payment, a €6,000 bail bond. He was also ordered by the magistrate to stay away from his partner.

Inspector Charlotte Curmi prosecuted. 

from The Malta Independent http://ift.tt/2xLfcKr
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