A man claimed self-defence on Monday when he was taken to court and accused of having injured another man in a brawl in Gżira.
Abdullahi Ali Hassan,30, a Somali national living in Gżira, pleaded not guilty to causing grievous injuries, assaulting and provoking the alleged victim, being drunk in public and breaching the public peace.
Police inspector Ian Azzopardi explained that at about 1:30am on Sunday the police got a call about a disturbance on Triq Sir William Reid in Gżira.
They found a person who was “not totally” conscious and took him to hospital.
At about 2:30am, the accused turned up at the scene and told them that he was involved in the altercation.
From the CCTV footage, the police confirmed that the aggressor was the suspect, and he was arrested.
In his statement to the police, the accused claimed that he had tried to inform the police about the incident, however, the police inspector was not aware.
Defence lawyer Franco Debono requested bail.
Prosecutor Valentina Cassar objected, noting that the alleged victim was in critical condition and had only just left intensive care. She explained that there were people who witnessed the incident who still have to testify in the proceedings.
The prosecutor also explained that the accused was listed as living on Gozo but gave the court a Gżira address. Persons who changed their residential address were duty-bound to change the address on their official documents.
Debono rebutted that there were many who had their ID cards registered on addresses where they did not reside.
He underlined that the accused had no criminal convictions and since his arrival in July 2013, he was a “law-abiding citizen” and lawfully employed. Debono made reference to his client’s statement to police in which he claimed “I hurt myself because he was trying to kill me… I tried to call the police… but my phone ran out of battery.”
The defence lawyer alleged that his client was defending himself.
He also argued for the need to change the way arraignments were done, saying that the court was acting on “limited” information when deciding on such requests during an arraignment.
“He tried to call the police before they arrived, and later identified himself to inform them it was him when they arrived. We’re not talking about a man waving knives and hitting people at random, but someone who immediately identified himself with the police,” Debono insisted, reiterating that his client was defending himself.
The prosecutor rebutted that in his statement, the accused also said: “when I ran away and left him, he was ok” adding that the alleged victim was “left to die” on the pavement.
The court after hearing the submissions, granted the man bail, taking into consideration that he had no previous convictions and had strong ties to Malta, having lived here for over ten years.
It also took into consideration that he approached the police. It ruled that the fears raised by the prosecution did not subsist. Bail was granted against €2,000 deposit and €18,000 personal guarantee.
The accused was also ordered to sign the bail book every day. A curfew was also imposed. A protection order was issued in favour of the alleged victim.
Magistrate Ann Marie Thake presided. AG lawyer Valentina Cassar prosecuted assisted by police inspector Ian Azzopardi. Lawyers Franco Debono, Marion Camilleri and Adreana Zammit appeared for the accused.