Man jailed for sharing intimate image of former partner and sending threats

A magistrates’ court on Friday sentenced Lamin Samura Seguba to 18 months’ effective imprisonment after finding him guilty of disclosing a private sexual image, issuing insults and threats, and making improper use of electronic communications.

Seguba had been charged in relation to events that took place between February and March 2023, following the breakdown of a long-term relationship. The parties had previously been engaged, with the relationship ending in 2021.

The court heard that, following the separation, the accused began sending a series of messages to his former partner, threatening to publish intimate photographs of her unless she returned an engagement ring. The woman was working abroad at the time and travelled frequently to Malta.

Evidence showed the accused sent threatening messages on multiple occasions in mid-February 2023, giving the woman a deadline to return to Malta and hand over the ring. The messages included insults and warnings that he would post compromising material online if his demands were not met.

On 16 March 2023, a friend of the woman alerted her that an intimate photograph had been posted on the accused’s Facebook story. The image showed the woman’s face, with parts of her body obscured by a red blur.

The woman subsequently filed a report with the police’s Gender Based and Domestic Violence Unit. A risk assessment classified her as being at medium risk, noting emotional harm and prior experiences of abuse within the relationship.

The accused was arrested later that month. During interrogation, police found the same edited photograph on his mobile phone, along with other intimate images. Further indecent material was discovered on a USB device. The accused confirmed he had taken the photograph and that the Facebook account used belonged to him.

Although he initially denied posting the image and refused to provide passwords to his devices, he later admitted to uploading the photograph. He attempted to justify his actions by claiming that the woman had shared a compromising video of him with third parties, arguing that this made it acceptable for him to share images of her.

In its judgment, the court rejected this argument. Magistrate Caruana noted that while the photograph had been taken with consent during the relationship, there was no consent whatsoever for its public disclosure. The court held that the intent to cause harm was evident from the accused’s own admissions and the surrounding circumstances.

The court also found the threatening and insulting messages sent in February 2023 fell squarely within the timeframe and scope of the charge relating to insults and threats.

It further held the accused had made improper use of an electronic communications network by both uploading the intimate image and sending repeated threatening messages.

However, Seguba was acquitted of a fourth charge relating to a breach of bail conditions. The court found that the prosecution had failed to formally produce the bail conditions in the acts of the proceedings, rendering the charge unproven.

In sentencing the accused, the court imposed an effective prison term of 18 months and a fine of €500. It also issued a restraining order in favour of the victim for a period of three years.

The court warned that any breach of the restraining order could result in a fine of up to €7,000, imprisonment of up to two years, or both. Seguba was also ordered to pay court-appointed expert expenses amounting to €3,247.76.

The prosecution was led by Inspector Omar Zammit.