Two acquitted of 2013 Paceville beating after police fail to bring witnesses

Two men, both under probation orders, were accused of using a weapon in an altercation in Paceville in July 2013

Two men have been acquitted of charges of grievously injuring a foreign national in a 2013 fight in Paceville after police failed to summon several eyewitnesses - including police officers.

Magistrate Anthony Vella had been told how James Manfre, 22, and Dylan Vella, 29, had been involved in a fight in Paceville during the night of the 15 July 2013. The victim, Rida Shoaibe, had allegedly been in a long-standing feud with Vella and on that night, the men had come to blows. Both Manfre and Vella were accused with having used a weapon during this encounter.

Both men were also under probation orders at the time, Manfre being under two.

The court, however, noted that it had been presented with too little evidence to find guilt. All it had heard were two diametrically opposed versions. “There were, or may have been, a number of eyewitnesses who saw the incident, but these were neither produced by the prosecution, nor the defence,” rued the magistrate. 

Magistrate Vella noted that it was possible that there had been aggression by the accused upon the injured party, but the fact that the accused chose not to answer questions during their interrogation “could never result in their conviction. After all, a person under arrest has every right to remain silent and not answer questions at that stage.”

Lawyers Franco Debono, Marion Camilleri, Amadeus Cachia were defence counsel. Inspector Daryl Borg prosecuted.