Arrest of illiterate man declared invalid in stalking case

A 47-year-old man accused of stalking a woman and breaching a protection order had his arrest declared invalid after the court ruled his rights had not been properly explained to him.

The man, who has a mental disability and is unable to read or write, was alleged to have repeatedly loitered outside the woman’s home, staring at her door. On one occasion, he was seen touching himself outside her residence, while in another incident, he allegedly took her organic waste bin.

He was charged on Monday with breaching a protection order, harassment, recidivism, and committing a crime during the operative period of a suspended sentence. He pleaded not guilty.

The defence argued that the arrest was unlawful because the police had failed to properly communicate her client’s rights. Although a letter of rights was handed to him, they were meaningless given his illiteracy, and officers were duty-bound to read and explain it to him.

A medical certificate and testimony from the man’s father were presented in support. “My son cannot read or write. He’s simple,” the father told the court.

Prosecutors maintained that the accused had signed a document acknowledging receipt of the letter of rights and had never informed officers of his inability to read.

Magistrate Abigail Critien ruled that there was a serious doubt over whether the man had truly understood his rights. In such circumstances, the court ruled that the law requires that doubts must benefit the accused. The arrest was therefore declared invalid.

Since the arrest was annulled, there was no need for a bail request, and the man was released from custody. However, the protection order in favour of the woman remains in place. The magistrate warned him to stay away from her and her street, cautioning that any breach could lead to a fine of up to €7,000 or two years in prison.

The man’s identity, as well as that of the alleged victim, cannot be published by court order. Prosecutors were inspectors Gabriel Kitcher and Karen Cassar, while lawyers Veronica-Anne Spiteri and Desirée Attard appeared for the defence.

Magistrate Abigail Critien presided over the case.