Woman who thought she was arrested leaves court free
Friday, 11th June 2010 - 15:26CET
Woman who thought she was arrested leaves court free
A Filipino in Malta legally left the court a free woman this afternoon, after filing an application claiming illegal arrest.
However, it turned out that the woman, whose visa is still valid, was never arrested.
Lara Liezel Asenit, had been taken into care by Malta’s Central Authority for Adoption as she had been living with the family who plan to adopt her one month old baby in two weeks’ time.
Ms Asenit arrived in Malta pregnant on March 18 and went to live with the sister of her child’s adoptive father.
She gave birth at Zabbar on May 19 but the adoption could only take start six weeks after the birth of the child.
Last Wednesday, social workers accompanied by the police turned up at the sister’s home and took Ms Asenit to a home run by Appogg.
This morning, lawyer Roberto Montalto filed an application on behalf of the woman claiming illegal arrest by the officers, under the authority of Police Inspector Louise Calleja.
Inspector Calleja told the court that the police did not arrest the woman. She said Ms Asenit was being kept at the Appogg Home by the Central Authority for Adoption because she had no financial means to support herself and living with the sister of the adoptive father prejudiced the adoption proceedings.
Magistrate Audrey Demicoli questioned the director of the Central Authority under what law was she holding Ms Asenit against her will.
The director, Sandra Hili Vassallo, said that Ms Asenit was not under arrest and she had been taken away because for the adoption to take place, she had to decide freely to give up her baby after the six weeks.
The agency felt that contact with the adoptive parents could prejudice the proceedings because private adoptions were not allowed in Malta.
Dr Montalto asked the director whether Ms Asenit could walk out of the courtroom a free woman and she answered she could but the agency preferred her to return to the home so as not to prejudice her rights or those of the child.
He then told the magistrate his client was declaring she did not need any protection from the agency and would prefer to stay where she had been previously staying