Cab driver handed suspended sentence, €920 fine for ‘hammer attack’ on New Year’s Day

Christian Lawrence Desira has been handed a three-year suspended sentence and a €920 fine on charges involving permanent disfigurement to victim Alin Mircea Ladariu.

However, Desira has been acquitted of threatening and injuring Luis Pierino Vargas Garcia.

The court heard how Desira collected passengers Garcia and Ladariu in the whereabouts of the St Julian’s area. Shortly after he set off, the passengers appeared dissatisfied with the route he was taking and allegedly exited the vehicle abruptly, causing damage to it.

At that point, Desira retrieved a hammer and struck one of the men on the back of the neck, behind his left ear causing a fracture. Garcia and Ladariu fled and went to the St Julian’s police station, where police inspector Jonathan Cassar confirmed Desira arrived later as well.

In his statement to the police, Desira claimed the men had provoked him, shouting insults in a foreign language and pushing him against the car door. He said he pulled a hammer from the driver’s side to scare Ladariu, who “ended up under the hammer” even though Desira also insisted both men were over six feet tall.

The accused proceeded to state he threw the hammer outside in a confused state.

Police officers Leonardo Muscat and Maximus Saliba both reported they went on the site of the alteraction to find the hammer. However, instead of one hammer, the constables found two hammers and one axe in a dog litter bin, different to what the accused said in his statement.

The court, presided over Magistrate Donatella Frendo Dimech, remarked the accused not only manifestly chose to be calculative in his details provided to the police, but made declarations which entirely go beyond the results of the case.

Magistrate Frendo Dimech said the fact the accused should not have kept hidden these details to defend himself.

“His actions did not follow actual, instantaneous and absolute danger”, the court said.

The court found Desira guilty of grievous bodily harm and sentenced him to 20 months imprisonment, suspended for three years, as well as a €922.65 fine.