Man jailed after threatening partner while skipping bail for Gozo Carnival

A man who claimed he was too "unwell" to fulfill his court-imposed bail obligations but was instead arrested while attending the Gozo Carnival after making off with his partner’s BMW to Gozo has been handed a two-year suspended prison sentence for bail breaches and violent threats.

On the night of 18 February 2023, Malcolm Schembri filed a report at the Hamrun Police Station that his BMW X5 had been stolen from outside the Alexandra Hotel in St. Julian's.

Although registered in Schembri’s name, the vehicle was used mainly by his friend, Naomi Pace, who was the accused Rachid’s partner at the time.

The court heard earlier that day, at around 1pm, an argument broke out between Pace and Rachid. Pace testified that when she approached the vehicle, she found Rachid sitting in the back seat.

When she requested the keys, he refused and became increasingly aggressive. According to Pace, the defendant “started banging on the car and causing a scene in the middle of the road”.

After half an hour, Rachid instructed Pace to go to their hotel room to retrieve his clothes, stating he intended to leave. As she went upstairs, Rachid “started [the car] and left with the mobile and keys and everything”.

Escalating threats

The situation worsened throughout the evening as the two exchanged messages.

When Pace informed Rachid that she was at the police depot to report the matter, Rachid’s responses turned violent. The court noted several "vulgar and offensive" messages with a distinct "threatening tone".

Rachid sent a flurry of messages, telling her that "If you make me lose my bail [pledges] I will kill you", "Bring the police, I will [expletive] your face" and "I am at Havana [Paceville]... go for the van and that’s it, but don't do me harm".

Despite claiming to be in Paceville, CCTV evidence later revealed that a dark vehicle matching the BMW arrived in Xewkija Square, Gozo, in the early hours of the next day.

Two individuals were seen exiting the car and entering a nearby building.

Arrest and the ‘carnival’ excuse

On the morning of 19 February, Gozo police were clearing Xewkija Square for Carnival activities when they identified the BMW as a stolen vehicle.

Officers observed Rachid approaching the car and arrested him on the spot. Upon arrest, Rachid handed over the car keys and Pace’s iPhone.

In his statement to the police, he claimed he had only left for Gozo at 8am that morning and had been home previously, a claim the court later dismissed as false based on the CCTV footage.

When asked why he was in Gozo, he stated: “We went up to carnival for a bit”.

The court’s deliberation

The court acquitted Rachid of stealing the car and the iPhone.

Magistrate Donatella Frendo Dimech ruled although his actions were "irresponsible," the prosecution failed to prove fraudulent intent. Rachid had prior consent to use the vehicle and he had taken it on this occasion “to spite her [Pace]” following their argument.

The court found Rachid guilty of threatening Pace and misusing electronic communication.

The magistrate noted that the word as he typed it “noqtlok” (I will kill you) was a clear and direct threat that "disturbed the peace" of the victim.

Rachid was also found guilty of violating bail conditions from two 2021 court decrees.

The xourt noted he had stopped signing his bail book at the Hamrun station on 14 February 2023, claiming he was sick.

The magistrate remarked on his “attitude of bravado and lack of respect for the authority of the court,” noting he was healthy enough to go to a nightclub in Paceville and the Carnival in Gozo while allegedly being too ill to sign a register.

The court sentenced Rachid to two years’ imprisonment, suspended for three years, imposed a fine of €1,500, ordered the confiscation of €1,900 in bail deposits and guarantees from his 2021 cases.

The court also mandated his immediate re-arrest in connection with pending criminal cases, and issued a three-year Restraining Order in favour of Naomi Pace.