Two conditionally discharged for 2011 Cospicua fracas

A magistrate has conditionally discharged two men from Cospicua for their part in a 2011 fight that left another man grievously injured.

Oscar Calafato, 40, and Noel Aquilina, 41, had been charged in connection with an attack on fellow Cospicua resident Marco Mamo on 7 May, 2011, at a band club in Cospicua, causing him to suffer facial lacerations and subsequent scarring.

Aquilina alone was additionally charged with breaching probation conditions and relapsing.

Police Inspector Fabian Fleri, prosecuting, told the court how on the 7 May 2011, a fight took place at a band club in Cospicua, after local resident Marco Mamo decided to intervene in an argument between the two accused and Calafato’s sister, who was dating Aquilina at the time.

Mamo said that in reaction to his intervention, the two men attacked him and knocked him to the ground. Calafato then struck the prostrate victim with an aluminium rod.

Aquilina threw Mamo out of the club, went back inside and closed the door.

Upon seeing that he was bleeding, Mamo then punched the club door and went inside again to continue the argument. The police arrived soon after, calmed the situation down, took statements and sent Mamo on his way.

However words were exchanged as he was leaving and Mamo soon returned to have the last word. He found Aquilina with Calafato, and a fight broke out.

It was deduced from the evidence that either Aquilina or Calafato hit Mamo, possibly with a bottle, and knocked him to the ground. At this point Aquilina laid into him, kicking him repeatedly before passers-by managed to break up the fight.

Court expert Dr. Marisa Cassar submitted a report in which she concluded that blood spattered on Aquilina’s shoe belonged to Mamo.

Lawyers for the two men had argued that the two were acting in self-defence, however Magistrate Doreen Clarke noted that for this defence to stand the person pleading it must prove that he had acted to avoid a danger that could not have been avoided in any other way.

In this case, the injuries could have easily been avoided had the men not left the club to confront the victim. As a result, the court held that “therefore the defence of legitimate self-defence cannot stand, although no one can deny that there was an element of provocation from Mamo.”

The magistrate also noted that from the evidence presented, it was very hard to identify who had delivered the blows that caused the lacerations.

The court said it had no doubt as to the guilt of the men accused, however for the purposes of sentencing it also took into account the fact that they had been subjected to provocation and that the injured party had since forgiven them, conditionally discharging Calafato for one year and Aquilina for two.