Bar fight lands man in the dock charged with grievous bodily harm

A 31-year-old teacher residing in Mosta was arraigned in court and charged with grevious bodily harm. 

Steven Schembri was also charged with breaching the public peace. 

On 14 November, the victim filed a report at the Siġġiewi Police Station, stating that he had been assaulted a week earlier in a bar in Żebbuġ. The victim explained that he did not initially know the identity of his attacker, but people present on the scene of the attack identified him.

He also presented a medical certificate certifying grievous injuries. When asked why the report was made a week after the incident, the victim explained that he was scared to leave the house because his vision was blurred. 

Following the report, police investigations commenced. The investigating officer said he spoke to the victim personally and CCTV footage from the area was analysed. From the footage, the person who attacked the victim was identified as the accused. 

The court ruled the arrest was valid. He plead not guilty. 

Bail was requested for the accused. The prosecution objected, citing the gravity of the charges and a fear of contamination of evidence.

The defence countered, stating that the incident occurred on 8 November, more than a month ago. A warrant of arrest had been issued on 14 November, yet the accused was only arrested yesterday. If there had truly been a risk of evidence being tampered with, the prosecution “had ample time to act.”

The defence further argued that the alleged victim does not know the accused personally and knows no details about him. He insisted that the parties are strangers and therefore contamination of evidence was impossible. He added that the police have full CCTV coverage of the incident, and the footage shows a clear and unobstructed view of the altercation from a good angle. With such strong visual evidence, he argued, “contamination does not exist.”

The defence also noted that when police went on site on the day of the incident, no action was taken by police. 

He argued that the accused is also in stable employment , has a child whom he co-parents with his partner and comes from a supportive family. 

The court heard that the accused is pursuing a master’s degree, gives part-time lessons, and plays first-division football. His lawyer described him as a stable individual with a completely clean criminal record. 

The accused’s father also offered to act as a third-party guarantor, undertaking responsibility should his son fail to obey bail conditions and stating he would immediately inform the inspector if anything were amiss.

The prosecution agreed that the accused never had a brush with the law. 

In delivering his remarks, the magistrate acknowledged that the incident may have been a one-off, but emphasised that this did not diminish its seriousness.  He stressed that a person must face the consequences of their actions, even if they occurred only once. The magistrate reminded him that he must serve as an example both to the students he teaches and to his own daughter.

The court ultimately granted the man bail against a €2,000 deposit and a €8,000 personal guarantee. A curfew between 10:00pm and 6:00am was imposed. A protection order was also issued.

Inspector James Mallia and Attorney General lawyer Miryea Mifsud prosecuted. Magistrate Kevan Azzopardi presided.