Men acquitted of Ghaxaq brawl after no witnesses choose to testify

Four men have been cleared of beating up a man, breaking his nose, on the grounds of insufficient evidence after no witnesses accepted to testify about the incident.

Enzo Seychell, Sean Seychell, John Seychell and Clayton Muscat -all of whom are related to each other- were accused of grievously injuring Mark Anthony Zahra in a fight which occurred on 28 June 2018 at Ghaxaq. The men were also accused of threatening Zahra and participating in a brawl. Zahra was also charged with related offences, in separate proceedings. He was acquitted.

But the victim and other witnesses had opted not to testify in the proceedings and CCTV footage of the incident was not exhibited as the person who owned the cameras also chose not to testify.

Presiding magistrate Simone Grech observed that having seen the little evidence it had before it, the charges against the accused were not sufficiently proven. “The best evidence of the dynamics of how the argument developed, and how the injuries were allegedly inflicted on the person indicated in the charges was not presented,” she said.

The men were, therefore, acquitted. 

Lawyer Ishmael Psaila appeared for the accused. Lawyer Martha Mifsud appeared for Zahra. Inspector Roderick Attard prosecuted.