Youth acquitted of causing grievous injuries in Paceville brawl

Magistrate says prosecution did not prove who had injured the victim, so nature of injury is irrelevant.

A court acquitted Andrew Martin, 27 from St Julian's, after the police failed to prove that he had grievously injured another youth in Paceville.

On the night of 3 September 2011, the accused was having a drink at the bar Sabor with a certain Alexia Azzopardi. At around 2:30am, Azzopardi's former boyfriend Pierre Caruana entered the bar and approached the woman. An argument ensued and Caruana was alleged to have grabbed Azzopardi from her wrist and her neck.

On seeing this, the accused pushed Caruana away, who in turn retaliated and punched Martin. A scuffle involving around eight people soon erupted in the bar.

Azzopardi told the court that her former boyfriend was insistent on meeting her to talk, and when he entered the bar had demanded that she go off to talk to him. "He then grabbed me by the wrist and neck, and when Martin pushed him off, he punched him back. Out of nowhere six guys appeared and started beating him up," she told Magistrate Neville Camilleri.

The alleged victim, Pierre Caruana, did not present himself in court to give his evidence. Eventually the prosecution renounced the witness.

Another four witnesses told the court they could not state how Caruana had been injured.

Magistrate Camilleri declared that the prosecution had failed to prove it was Martin who injured Caruana. Subsequently the nature of the injury was retained to be irrelevant. The court acquitted Andrew Martin of all charges.

Lawyers Gianella Demarco and Gianluca Caruana Curran appeared for the accused.