Man accused of raping his former partner and tracking her car will not be granted bail

A man was charged on Wednesday with raping his former partner after the woman revealed she was attacked when she reported a campaign of harassment to police.

32-year-old technician Mathihul Akmal Mohamed Jabir, a Sri Lankan citizen residing in Gżira, was arraigned before Judge Joseph Gatt and accused of raping, molesting, spying on and causing harm to his partner during a relationship, among other things, for fear of violence.

Jabir pleaded not guilty.

Police Inspector John Spiteri told the court that the woman reported her ex-boyfriend on March 19 for harassment and stalking.

While speaking to police officers and describing the behavior she allegedly endured at the hands of the defendants, she revealed that on one occasion, on February 24, she was “forced to engage in sexual behavior against her will.”

The police then tried to arrest the accused, but it turned out that Jabir was already in the air and had boarded a flight to his native Sri Lanka.

When it was learned that the defendant was due to fly back to Malta on Wednesday morning, he was arrested upon arrival at the airport.

Spiteri rejected a request for bail, saying that aside from the seriousness of the charges and the fact that civilian witnesses had not yet testified, Jabir posed a real flight risk, not just because he had minimal ties to Malta, but because the country also have no bilateral relations agreements with Sri Lanka.

If he leaves the island permanently, the court has no guarantee that he will receive justice, he said.

Additionally, Spiteri said there are still fears that he could interfere with witnesses, especially since the alleged victim herself has yet to testify and Jabir has been accused of installing a tracking device in her car.

Arguing for bail, defense lawyer Joseph Calleja Parnis said that while the charges cite the most serious crime of rape as serious enough to deny bail, the victim herself did not plead for the incident in question I contacted the police, but only came as a “side note”.

While the alleged rape took place on February 24, she only went to the police on March 19, he emphasized.

“If she was really serious about reporting this rape, then it’s something you report there and then or the next day and not a month later,” he said.

Apart from this, harassment is the biggest issue to be considered and Jabir should not be denied bail on harassment grounds, his lawyer argued.

Calleja Parnis added that the defendant had sufficient connections in Malta, a stable job and a residence card and that he should not be refused bail because he was a foreigner.

He traveled to Sri Lanka to visit his family and also because he was going through a difficult time with his partner, the lawyer said, adding that he returned to Malta at his own request because he was in a district this morning must be in court in connection with the same circumstances.

Spiteri contradicted the defense’s claims, saying the situation was already very difficult for the alleged victim to deal with.

“Marital or relationship rape is very difficult to report from the start,” he said, adding that she was forced to report because she was “fed up” and not with the defendant’s behavior towards her could endure more.

After hearing submissions, Magistrate Gatt decided that given the seriousness of the charge and the fact that the court was not satisfied that Jabir was capable of complying with the bail conditions, it would be “unwise” to grant one at this stage to grant bail.

He also issued a protective order on behalf of the alleged victim.

AG Attorney Cynthia Tomasuolo and Police Inspectors Sherona Buhagiar and John Spiteri filed charges.

Attorney Joseph Calleja Parnis represented the defendant.

Lawyers Jacob Magri and Arthur Azzopardi appeared on behalf of the alleged victim.