Three cleared of 2010 assault

Three men have been cleared of causing grievous injuries to a man in an argument over they assaulted after it ruled there was reasonable doubt about the nature of the injuries.

30-year-old Gilbert Farrugia and brothers Matthew and Jean Pierre Farrugia, 27, had been accused of assaulting Melvin Magri in Qormi in 2010, causing him to suffer slight injuries.

However, the charges were amended in October 2014 to accuse the the men of having caused grievous injuries to Magri.

A dentist had told the court that the victim had suffered a fractured tooth but this had been contradicted by a doctor, who had testified to being unable to detect any fractures, although the plaintiff had complained of feeling his face as swollen. The injuries had been certified as being slight, as a result.

Taking the witness stand, Magri had explained how, roughly one year before the incident, he had argued with Gilbert Farrugia and his father. At the time of the 2010 assault, he had been at a car sprayer's shop with his girlfriend when he heard Farrugia shouting "Did you file a report, you idiot?" This was in reference to the argument which had taken place a year before.

Magri claimed to have ignored the heckling and started the engine so he could drive off, when the other two accused had emerged from a nearby construction site. He had been unable to drive away because the men had surrounded his car and had started to kick it.

After the aggression stopped, Magri had made a beeline to the nearest police station to file a report, alleging that as Magri drove past him, Matthew Farrugia had hit and broken one of the car's wing mirrors.

On the other hand, Matthew Farrugia had recounted how he, together with the other two men accused, had been working on a construction site. At one point, he and his brother Jean Pierre heard shouting and had seen a Polo blocking the road beside the crane which Gilbert Farrugia had been operating. They also spotted a person arguing with Farrugia.

The witness and his brother had arrived at the scene to find the car speeding towards them, only escaping being struck by the vehicle when the Magri had collided with one of the crane's outriggers. The men accused claimed to have approached the window of Magri's car, where a verbal exchange took place before the victim drove away.

The witness corroborated the claim that Gilbert Farrugia had not left the crane. He also explained that the victim had been threatening that the incident “won't stop here". He testified that his brother had suffered facial injuries after being punched by Magri.

Magistrate Joe Mifsud noted that the defence had highlighted a number of inconsistencies in the victim's version of events; he had testified to having been punched by four people, and whilst under cross-examination, had altered the words which Gilbert Farrugia had allegedly told him. The victim had also initially denied ever hitting any one of the accused, but had later conceded that maybe he had done so in order to defend himself.

The court declared the men to be innocent, noting that the prosecution had failed to produce conclusive evidence showing that the injuries suffered had been of a grievous nature.

Police inspector Kylie Borg prosecuted. Lawyer Albert Zerafa was defence counsel.