Man cleared of attempting to murder neighbour with axe

A 44-year-old man has been acquitted of attempting to murder his neighbour with an axe after the court ruled that the accused had acted in self defence because the alleged victim attacked him with a knife.

The incident occurred on 18 April, 2010, in an apartment in Triq il-Gifen, St Paul’s Bay, when the accused, Ronald Apap, seriously injured his neighbour Joseph Calleja after hitting him with an axe.

Magistrate Carol Peralta heard that the incident occurred after Calleja went up to his neighbour’s apartment and accused him of stealing water and electricity. Calleja then found the accused’s son by the door, who did not allow him to enter.

Subsequently, the court heard, an altercation between Apap, the victim, and the victim’s wife, Lucienne Calleja, broke out. During the argument, Calleja attacked his neighbour with a knife while the accused responded by hitting Calleja with an axe.

No magesterial inquiry was held.

Pleading self-defence, the defence, led by Lawyer Arthur Azzopardi, argued that the accused had attacked his neighbour after being confronted with a knife, and acted to protect his son. Moreover, the defence argued that the knife allegedly used in the incident was not analysed for fingerprints, while the axe allegedly used was never found.

The defence also said that the injuries were not compatible with an attack with an axe whereas it was unknown how the victim’s wife suffered a fractured finger.

In its ruling, the court argued that the prosecution failed to prove criminal responsibility beyond reasonable doubt, as there was not sufficient to prove that the accused had in fact attacked Calleja. The court also said that the accused could not be found guilty of being in possession of an axe as this was never found.

Consequently, Magistrate Carol Peralta acquitted the accused of all charges brought against him.

Police Inspector Paul Bond prosecuted while Lawyer Arthur Azzopardi represented the accused.