Man found guilty of assaulting elderly brother-in-law in inheritance dispute

Emanuel Zerafa conditionally discharged for two years after being found guilty of assaulting and threatening his 75-year-old brother-in-law

Emanuel Zerafa, 56, of Haz-Zebbug, has been conditionally discharged for two years after being found guilty of assaulting and threatening his 75-year-old brother-in-law.

The court heard how on 17 November 2013, the two were at Misrah Muxi in Haz-Zebbug at about 7.10pm when they got into an argument and began trading insults.

The victim, 75-year-old Filippo Mifsud, is Zerafa’s brother-in-law, and the two have had a long-standing dispute over the inheritance of property in Misrah Muxi.

Mifsud told police that prior to the incident, he had asked Zerafa to remove his tractor from the disputed yard, so he could access the wall. Zerafa took exception to his request.

Mifsud also said that on the day of the incident he was cycling home back from mass, when the accused came up to him and punched him in the face. He then grabbed his bicycle and started pushing him with it.

“I then fell of my bicycle, and as soon as I fell Zerafa got a wooden plank from nearby and started hitting me with it,” Mifsud said.

A doctor later certified that Mifsud suffered from slight injuries, and had his glasses broken during the altercation.

On his part, Zerafa had told police that as soon as he was about to park his car in his garage, Mifsud came up to him. An argument then ensued, and the two men started trading insults.

Zerafa then said that his brother-in-law then produced a penknife from his pocket and upon seeing this, he pushed him away.

Mifsud denied producing the penknife, insisting that it was only a key.

In its decree, the court noted that the two men were friends but had a long-standing dispute.

Presiding Magistrate Consuelo Scerri Herrera dismissed Zerafa’s plea and conditionally discharged him for two years after finding him guilty of assaulting and threatening his brother-in-law. He was also ordered to pay Mifsud €255 for breaking his glasses.

Zerafa was however acquitted of breaching public peace, of injuring and of threatening to use violence against Filippo Mifsud, and of swearing.

Inspector Roderick Agius prosecuted.