Court acquits man accused of assault on his aunt in dispute over relationship with first cousin

A man accused of assaulting his aunt during a domestic dispute in Bormla more than two decades ago has been acquitted after the court accepted his claim that he acted in self-defence and questioned the credibility of the alleged victim’s evidence.

In a judgment delivered on Friday, the court cleared the accused, now 46, of charges of aggravated assault and breaching the public peace in connection with an incident that occurred on 10 November 2003.

The case arose from a family conflict over his relationship with his first cousin, the daughter of the complainant. The couple had been in a relationship for around nine months at the time of the incident.

The court heard the accused, who was working as a bus inspector, had gone to his fiancée’s residence in Verdala after finishing work, as was his usual routine. Upon arriving, he encountered his aunt arguing outside the house with her daughter and her sister. According to the evidence, the mother objected to him entering the residence and was angered by the relationship.

The mother alleged the accused attacked her, squeezing the fingers of her right hand, pulling her by the arm and forcing her out of the house, causing what were later described as grievous injuries. She also suggested her daughter’s relationship with the man had been motivated by a desire to spite a former neighbour with whom she had been involved.

The accused denied the allegations and told the court he acted in self-defence. He testified his aunt initiated the physical confrontation by pulling his hair and scratching him, and that he grabbed her hands in an attempt to restrain her. He added that when she attempted to knee him in the groin, he pinned her against a wall to avoid the blow.

In its assessment, the court described the version of events presented by the parte civile as implausible and marked by inconsistencies. The magistrate noted she had initially told police she had been pushed, but later changed her account in court, alleging instead that he had ordered her to leave and injured her fingers.

The court also expressed concern over the medical evidence. Two certificates issued shortly after the incident described the injuries as slight, while a third certificate classifying them as grievous was produced five months later. The delay, the magistrate observed, raised doubts as to whether the injuries had been sustained during the incident in question.

Further reservations were raised by the mother’s repeated failure to attend court over the years, which at one point led to the issuance of an arrest warrant against her.

By contrast, the court found he had given a consistent and coherent account throughout the proceedings, maintaining the same version of events as in his initial police statement.

Given the unresolved doubts surrounding the cause and severity of the injuries, the court concluded the prosecution had failed to prove the charges to the standard required by law.

The man was consequently acquitted of all charges.

Magistrate Leonard Caruana presided.

Lawyers Jacob Magri and Wilfried Buttigieg were defence counsel.