Taxi driver acquitted as court finds private driver sparked pepper-spray dispute

A magistrate’s court has acquitted a taxi driver accused of provoking a parking-bay argument in San Pawl il-Baħar, ruling instead that private driver Isaac Chetcuti had instigated the confrontation and unlawfully used a spray that caused slight injuries to the driver and distress to two tourists.

Magistrate Nadia H. Vella delivered he judgment on Friday concerning a midday altercation on 5 August 2023 in Triq il-Fliegu, outside a hotel.

The court found that the dispute began when Schembri’s taxi was not fully parked inside a reserved box. Chetcuti confronted him and “decided to seek satisfaction”, before using a spray through the front passenger window of the taxi, where two tourists were placing their luggage.

Both passengers testified that Chetcuti approached the vehicle, shouted, and sprayed a substance that hit their eyes and faces. Schembri was later certified as having suffered slight bodily harm. The tourists asked to be taken to the nearest police station, behaviour the court said showed genuine concern for their safety and constituted a breach of public peace.

Chetcuti admitted using a spray but insisted it was deodorant, claiming he reacted out of fear due to past traumatic experiences, namely the murder of his brother Hugo Chetcuti.

The court rejected that version, noting medical redness on Schembri’s skin two hours later and chemical staining visible on clothing. The substance, the Court said, was “much stronger than a simple deodorant”.

In the case against Chetcuti, the court found him guilty of breaching the public peace and of causing slight bodily harm. It acquitted him of possessing pepper spray without a licence because the bottle was never recovered and no forensic analysis was carried out. The court said it could not reach the level of moral conviction required in criminal proceedings that the substance was pepper spray.

Chetcuti was fined €58.23 and handed a one-month prison sentence suspended for one year.

In the parallel proceedings against Schembri, the court held that the unbiased testimony of the tourist passengers placed responsibility for the escalation squarely on Chetcuti.

Allegations that Schembri had insulted or threatened Chetcuti were dismissed, with the magistrate describing Chetcuti’s overall account as not credible.

Schembri was cleared of breaching the public peace, offending public dignity and insulting or threatening Chetcuti.

Jason Azzopardi was defense lawyer.