Jury in Paceville death to deliver verdict on Monday

The jury trying the case of Antonel Dobre, accused of causing the death of a Sudanese national in 2012, is expected to deliver its verdict on Monday.

The 29-year-old Romanian is accused of causing the death of Osama Al Shazliyay Saleh on 17 March 2012, when he punched him in the fact outside a Paceville club.

Saleh was knocked out and fractured his skull against the pavement. Saleh succumbed to his injuries a few days later, aged 24.

Earlier this week, forensic specialist Dr. Mario Scerri told the jury that either impact could have proven fatal, independent of each other.

Dobre was accused of causing grievous bodily harm which resulted in death and breaching the peace.

In previous sittings, Radu Rica, who had been clubbing with the accused at the time had told the court that the victim had elbowed him in the face inside the club, after which they had left. However, he said, Saleh confronted him again outside the club, at which point Dobre punched the man in the face.

Addressing the jury on Friday, Saleh’s defence lawyer Roberto Montalto said that Dobre could not be presumed to have intended the consequences of his actions. Explaining that a criminal act consists of the illegal act together with intent, he argued that the accused could not have foreseen the man’s death, much less intend it. This would remove one of the two elements required for the existence of the criminal offence.

He added that it had appeared that the unintentional injury sustained at the back of the skull – a result of the victim’s fall – was of a more serious nature than that suffered as a result of the blow to the temple.

Final submissions will be made on Saturday.

The jurors will rest on Sunday and return for judge Antonio Mizzi’s summing up before retiring to deliberate.