Man acquitted of all charges over San Ġiljan assault that left bar manager injured

A court has acquitted Kevin Borg of all charges in connection with the 2023 violent assault on Oyoy Bar manager Mykhailo Yermakov, ruling that the prosecution failed to prove any link between Borg and the attack carried more than 30 minutes after an argument in the bar.

The incident dates back to the night between 11 and 12 May 2023, when Borg was drinking at the St Julian’s bar with a group of people. An argument broke out after one of Borg’s friends behaved aggressively with staff. During the quarrel, Borg slapped Yermakov, who slapped him back. Borg then pointed at the manager and threatened him before settling the bill and leaving.

Roughly 45 minutes later, three Serbian men from Borg’s group returned to the bar and asked Yermakov to step outside. Once in Triq Spinola, they attacked the manager for around two minutes, repeatedly punching him and kicking him in the jaw.

Yermakov suffered severe injuries, including a fractured jaw that required metal plates to be inserted. He spent two weeks in hospital and later underwent further surgery after the plates became infected.

The primary aggressor, Sasa Cvetkovic, was eventually identified, arrested on 26 June 2023, and convicted in separate proceedings in September 2024 after admitting involvement.

Prosecutors argued that Borg served as the mandator of the aggression, pointing to the prior argument and the fact that the attackers had been dining with him.

But the court found no admissible or reliable evidence tying Borg to the subsequent violence.

Call logs showed no communication between Borg and Cvetkovic during the incident. The court ruled that even if Borg’s partner had called Cvetkovic, this did not prove Borg instructed or coordinated anything.

Magistrate Ann Marie Thake held that the prosecution’s case rested on mere suspicion, reiterating that in criminal law suspicion “however strong, is not proof beyond a reasonable doubt.”

A separate charge accused Borg of attempting to have the bar’s CCTV footage deleted. However, bar owner Liana Hurenko made no such claim under oath during her testimony, even though it appeared in her initial police report.

The court held that the allegation amounted to hearsay and could not be relied upon without sworn confirmation.

Four minor charges, including public disorder, insults, threats, and breach of public decency, were all declared prescribed, having exceeded the three-month limitation period for contraventions. The charges were read out in November 2024, more than a year after the incident.

The court acquitted Borg of complicity in causing grievous injury and acquitted him of attempted suppression or destruction of evidence.

Lawyers Michaela Giglio and Joe Giglio were defence lawyers.