Three men acquitted over alleged Marsaskala assault

Three men were acquitted of charges relating to a violent assault in Marsaskala after a court found there was insufficient evidence linking them to the alleged attack.

Albanian nationals Edison Lamaj, Saimir Lamaj and Artur Muskaj were cleared of all charges connected to an incident that allegedly took place in Triq is-Sajjieda, Marsaskala, on 31 March 2024.

The case stemmed from a police report concerning an argument involving several individuals, during which one man was found injured and covered in blood. Officers responding to the scene found the victim suffering from injuries and he was later taken to Mater Dei Hospital for treatment.

According to the prosecution, the victim had alleged that he was assaulted by colleagues following an earlier dispute. Police subsequently arrested brothers Edison and Saimir Lamaj, while Muskaj voluntarily presented himself at a police station the following day.

A medical expert who testified during the proceedings confirmed that he had sustained grievous injuries, including a wound to his lip that required stitches. However, the court noted that the alleged victim did not testify during the proceedings. When called to give evidence, he chose not to answer questions in order to avoid incriminating himself.

Magistrate Farrugia Frendo also observed that the remaining witnesses presented by the prosecution either arrived after the incident had taken place or became involved in the case at a later stage. As a result, none of them could directly identify who had caused the injuries.

In her judgment, the magistrate said that while the evidence clearly established that the victim had suffered injuries, there was no direct or reliable proof linking the accused men to the assault.

The court noted that the allegations against the accused were based primarily on statements allegedly made by the victim to police following the incident, rather than on eyewitness testimony or other direct evidence.

Given these circumstances, the court concluded that the prosecution had failed to prove its case beyond reasonable doubt and acquitted all three men of the charges brought against them.
Lawyers Francesca Zarb, Jacob Magri, Wilfrid Buttigieg and Alfred Zerafa represented the accused.