Man cleared of grievous bodily harm after 9 years, due to lack of evidence

A man from Paola has been cleared of assault, fraud and misappropriation charges, after a court held that the prosecution had failed to produce sufficient evidence to prove his guilt.

51-year-old Lawrence Rizzo had been charged with a plethora of offences in 2007 after being involved in a brawl with two men over non-delivery of two televisions which the men had paid for. Rizzo had only refunded €150 of the €460 which he had received.

Violence flared when the men confronted Rizzo, who broke his little toe -any fracture constitutes a grievous injury at law- in the ensuing fracas.

The men, Kevin Portelli and Antoine Cassar had alleged that Rizzo made several threats over the phone and had invited the men to fight, both before and after the incident. Portelli and Cassar had admitted to charges relating to the threats.

Rizzo, however, was accused of misappropriating €460, assault, threatening and reviling the two men, as well as with relapsing and breaching the conditions of two suspended sentences.

Magistrate Neville Camilleri, handing down judgement in the case, held that the defendant’s statement to police was inadmissible as evidence, as it had not been taken with the appropriate legal advice. Rizzo had told the court that had signed the statement, but said that he had not been asked if he had agreed with its contents, much to the annoyance of the court.

In clearing Rizzo, the court noted that the Portelli and Cassar had testified that the money had been refunded and the issue resolved, also remarking with distaste that the prosecution had produced little in the way of evidence in the nine years that the proceedings had been in train.

Lawyers Franco Debono and Marion Camilleri appeared for Rizzo. Inspectors Jesmond Borg and Jurgen Vella prosecuted.