Man acquitted of injuring band club patron
Court acquits man charged with causing grievous injuries to another band club patron after witnesses give conflicting versions of what happened inside the bar
Anton Vassallo was acquitted of grievously injuring another man during a bar fight five years ago.
The prosecution claimed that during a brawl inside the St Michael's Band Club in Zabbar, the 31-year old, from Zabbar had grievously injured Donio Vella. Vassallo was also accused of relapsing and committing an offence during the term of a conditional discharge. The incident took place on 16 August 2009.
The incident sparked off when a certain Mikela Vella, the victim's sister, went to the bathroom. Another two women, Elaine and Maxilene, followed her and a verbal argument ensued. At the time, Elaine had a relation with the accused.
Vassallo, together with two other male friends, approached the women. The alleged victim, also made his way to the group and the argument escalated into a brawl between various men. Seeing the men fight, the women took refuge behind the bar and later inside the bar's kitchen. During the scuffle, Vella suffered injuries to his head.
The court noted a number of discrepancies between the charges leveled against the accused and the articles of law quoted by the Attorney General in connection with the same case. Moreover the AG quoted articles relating to offences which were not listed on the accused's summons.
Magistrate Doreen Clarke decreed that the reason behind the fight is unclear due to conflicting evidence and different versions given by witnesses. "Also unclear is how Vella was injured - it has been claimed he was punched, pushed or simply slipped on the stair", the court said.
Noting that Vasallo's responsibility for the incident was not proven beyond reasonable doubt and also noting the inconstancy issues deriving from the AG's documentation, the court acquitted Anton Vassallo.
Inspector Roberto Said Sarreo prosecuted, while lawyers Franco Debono and Marion Camilleri appeared for Vassallo.