Man acquitted of harassing girlfriend after she withdraws complaint

A man accused of harassing his girlfriend and causing her to fear violence or injury was today found not guilty of the charges brought against him.

The case revolved around an argument which had taken place in June 2014, between the accused, Kurt Buttigieg and Clare Magri, who had been in a relationship.

Magri had decided to break the relationship off, which resulted in a heated argument. Magri filed a police report against the accused.

However, in April 2015, Magri had a change of heart and withdrew the complaint, saying that she had filed it in the heat of the moment. She also asked the court to exercise its discretion and halt proceedings at the current stage, given that she was once again in a relationship with the accused.

Magri said that what she had told the police was true but had been too hasty in taking her decision to file the complaint, so much so that the next day she had called the accused and asked him to continue their relationship.

The Court, presided over by Magistrate Aaron Bugeja, said that not every personal argument between couples should trigger criminal action.

It said that it was necessary to weigh in each case if the evidence produced would indicate the full extent of the crime of harassment, fear of violence or injury. In this case, Magri’s testimony did not show that such an extent had in fact been reached.

It was morally convinced, the court said, that Magri had acted out of emotion and was not thinking clearly, as she herself had indicated.

The magistrate noted that Magri's statement that her police report was an attempt to show the accused that she meant business when she insisted on ending the relationship.

Moreover, she was not scared of the accused, and did not fear that he would use violence against her.

The Court said that, based on this evidence, the crime of harassment and threat of violence or injury could not be proven.

It therefore found the accused not guilty of all charges brought against him.

Inspector Hubert Cini prosecuted while David Gatt was defence lawyer to the accused.