Fight over mouldy sofa earns man suspended sentence

A 2011 argument, over a mouldy sofa in which a woman suffered a broken hand, yesterday earned a Zabbar man a 15-month suspended sentence.

Carmelo Delia, 53, from Xghajra, was found guilty of seriously injuring Charmain Muscat and causing slight injuries to her partner Adrian Farrugia in November 2011.

The court, presided over by Magistrate Neville Camilleri, heard how a fight broke out when the accused, landlord Carmelo Delia, 53, had visited an apartment leased to Adrian Farrugia after his then partner Charmain Muscat had informed him that there was mould on the sofa.

Farrugia had received a phone call from Muscat, who said that she had been beaten up by Delia and his wife when they came to inspect the damage.

The accused claimed that when Farrugia had arrived on the scene, he had punched Delia’s son and that the victim viciously attacked him.

The court had heard Joyce Delia, wife of the accused, testify that on the day of the incident she had received a phone call from Muscat, asking her to remove the mouldy sofa. Later, while she was collecting rent from a neighbour, she decided to check on the sofa while she was there.

As soon as she asked Muscat where the mould was, Muscat began to swear and blaspheme. The landlady claimed that at one point Muscat grabbed her and she cried out in pain. She said that her son and the accused, together with the accused's son, went into the flat and grabbed Muscat by her shirt, pushing her onto the wall. She added that Carmelo threatened to kill her daughter.

Muscat tried to calm things down, however she then became the target of the assault, suffering fractures in her left arm which required surgery and months of physical therapy. 

Muscat tried to calm things down, but she herself became the target of the assault, suffering fractures in her left arm, which required surgery and months of physical therapy. 

Muscat told the court that Carmelo's wife, Joyce, did not get involved in the argument. However, in her testimony, Joyce claimed to have suffered injuries but brought no medical evidence to support this claim.

For his part, Carmelo Delia said that he had never assaulted Muscat and could not have done so because she had never allowed him in the apartment. Contradicting this testimony, Joyce Delia claimed Muscat assaulted her when she got to the apartment.

After hearing all the conflicting witness testimony, the court found Delia guilty of causing grievous injuries to Muscat and her former partner and of breaching public order, but acquitted him of threatening Muscat.

He was handed a 15-month sentence suspended for three years, and ordered to deposit a personal guarantee of €1000 in court.

Inspector Robert Said Sarreo led the prosecution.