A man followed his ex-partner on foot after she left work, called her offensive names and threatened to burn her alive. The victim later withdrew her complaint but the court convicted him anyway as the charges were prosecutable ex officio.
Court of Magistrates (Malta) — Criminal · Magistrate Dr. Monica Vella LL.D., M.Jur. · 2 July 2024
On 11 August 2020 in Hamrun, Maruska Hatherley was followed by her ex-partner Jason Busuttil after she left work. He shouted offensive words including 'qahba u zibel' (whore and trash) and threatened 'I will burn you alive and give you a beating' while getting out of his car to follow her. She fled to the police station out of fear. The police risk assessment rated the victim as high risk. A protection order was issued immediately. Busuttil denied using threatening language when initially questioned, though he later admitted in cross-examination that he may have said offensive words. At the final hearing in November 2023, the victim declared she wished to withdraw everything and that they have five children together. The court firmly rejected the idea that withdrawal meant the case should end — noting these offences are prosecutable ex officio and that the victim had already given sworn evidence. The court also criticised the pattern of victims being pressured into withdrawing complaints. The court convicted him of threatening language (Art. 339(e)) and breach of the peace (Art. 338(dd)) but acquitted him of the third charge of harassment (Art. 251) finding it was a single isolated incident without the required repetition.
Guilty of charges 1 and 2 (threatening language and breach of the peace). Acquitted of charge 3 (harassment — Art. 251). Sentenced to 1 month detention suspended for 1 year. No-contact order of €2,000 in favour of Maruska Hatherley for 1 year.
Criminal Code Ch. 9 Arts. 338(dd) (breach of peace), 339(1)(e) (threats), 251 (harassment — acquitted); Domestic Violence Act Ch. 581