Court fines man after violent Marsalforn incident involving forced removal of child

A man has been fined €700 and placed under a one-year binding order after a Gozo court found him guilty of assault, threats, and unlawfully taking a young boy from his mother’s custody during a violent confrontation in Marsalforn in 2022.

The judgment, delivered on Thursday by Magistrate Jean Paul Grech, concerned incidents that took place on 11 October 2022 and involved Dutch national Joey Hendrikus Joze Johanna Deckers, who lives in Victoria.

The case arose from a custody dispute between Deckers’ companion who is facing separate proceedings, and the child’s mother. The dispute escalated into a violent episode involving several individuals.

Evidence presented in court showed that Deckers and his companion had gone to a home in Marsalforn to obtain his former partner’s address. When the resident opened the door, Deckers grabbed him, punched him, and coerced him into disclosing the woman’s whereabouts.

The pair then proceeded to the woman’s apartment in the same locality, where another person was assaulted and the mother was pushed aside as Deckers and his companion forcibly took their four-year-old son without her consent.

They left the apartment with the child and were reportedly headed towards Xagħra Primary School, apparently intending to take the child’s sibling as well. Damage was later observed to the apartment’s aluminium front door, which had a broken glass pane and bent frame. The court, however, noted that it was unclear who had caused the damage. Inside, furniture and belongings appeared to have been disturbed during what was described as a hurried search.

In its judgment, the court observed that the prosecution’s case rested primarily on the consistent and credible testimonies of the victims and social workers. Deckers, who exercised his right to remain silent, presented no evidence in his defence.

Magistrate Grech held that the prosecution had proven beyond reasonable doubt that Deckers had used physical force and threats and had unlawfully confined the minor, noting that he had no lawful authority to remove the child from the mother’s custody.

Deckers was found guilty of assault, threats, unlawful entry, and unlawful confinement of a minor. He was acquitted of other charges, including using force or threats against his former partner and property damage, due to insufficient evidence.

The court fined Deckers €700 and issued a one-year binding order prohibiting him from threatening, harassing, or otherwise molesting the victims. Each breach of the order will carry a €1,000 penalty.