Man acquitted of bodily harm after court hears how he punched mother's assailant
A man has been acquitted of grievous bodily harm charges after a court heard how he was defending his mother from an assault
A man has been acquitted of grievous bodily harm charges after a court heard how he was defending his mother from an assault.
Amr Baddar from Zejtun had been accused of attacking Kevin Spiteri in May 2017, grievous bodily harm and recidivism.
Baddar and his mother had been unloading some items in his mother’s garage in Zejtun. The items had been delivered by a very noisy van which was being driven by a third party, which had caused an inconvenience to Kevin Spiteri, who was a resident in one of the ground floor apartments near the garage.
Spiteri had confronted the people unloading the van, who included Baddar’s mother and an altercation had ensued.
Spiteri suffered a disfigurement to his mouth and a broken tooth as a result of the fight.
Eyewitnesses had described Kevin Spiteri’s behaviour as aggressive and said that the accused had punched him in the face to protect his mother.
After hearing the testimony of the accused and several witnesses, including the woman and bystanders, the court ruled that their versions of events all corroborated each other about the aggression manifested by Kevin Spiteri against the accused’s mother and the accused’s reaction.
Magistrate Rachel Montebello said she had no reservations in giving full trust to this version of events, which was proven to the extent required at law.
The court said it was satisfied that it had been proven that Kevin Spiteri, whilst arguing with the accused’s mother at their residential complex and whilst in an “evident state of anger,” had been swearing and blaspheming before leaving his parapet aggressively to assault the woman.
It was also established from the evidence that Spiteri had attacked Abdalla, too and it was at this moment that the accused had reacted by pulling his mother behind him and punching the assailant in the face.
The aggression suffered by the defendant was manifest, unjust and grave, said the court, noting that the aggressor had just pushed his mother and that the danger he was reacting to was instantaneous, absolute and real, as well as not foreseeable.
The defendant’s reaction was also proportionate, as he had only dealt Spiteri one blow before the altercation came to an end.
Baddar had also apologised to the injured assailant, noted the court, concluding that it was upholding the defence’s plea of legitimate defence, finding Baddar not guilty.
Inspectors Charlotte Curmi and Roderick Attard prosecuted. Lawyer Joe Giglio appeared for Baddar.