A court found a bouncer not guilty of grievously injuring a gentlemen’s club customer who harassed a female dancer.

The man, the court held, was legitimately defending himself.

Carmelo Zammit, an assistant manager and security officer at the Paceville club, found himself at the receiving end of a violent attack by a male customer who was causing trouble and reacted aggressively when asked to leave the premises. 

On March 9, 2022, Youssef Salem was drinking at the bar, banging on the counter and harassing one of the dancers who worked at the club. 

Zammit sensed that the woman was upset and needed help. She appeared to be on the verge of tears, as the customer reached out to touch her thighs. 

That was when Zammit approached the man, tapping him on the shoulder and asking if “everything was okay".

The customer turned to face Zammit, shook his head and reacted angrily, swearing and kicking over the table and chairs. 

He flung a bar stool at the bouncer who ordered the aggressor to leave. 

But the man punched Zammit in the eyes. 

Four police officers who were called in by the club owner later testified that Zammit’s eyes were “swollen like a ball". 

Dizzy and unable to see clearly, the bouncer tried to fend off the attack as Salem grabbed his neck, almost choking him. 

That was when another customer intervened to break up the attack, shouting “leave him”.

Zammit managed to free himself, pushing away the aggressor and pinning him to the floor, while calling out to his boss to dial the police. 

When help arrived, Salem was found lying unconscious outside on the street. 

He had suffered several facial injuries, including a fractured nose, a cut on the back of his head and bruising. 

At that stage, Zammit was considered to be the victim. The suspected aggressor was Salem. 

However, the bouncer was subsequently charged with grievously injuring the customer, involvement in an accidental fight as well as assaulting the alleged victim.

He pleaded not guilty. 

When assessing the evidence, the court presided over by Magistrate Rachel Montebello, observed that the alleged victim never testified because he had left Malta and was never tracked down. 

However, eyewitnesses corroborated the accused’s version of the dynamics of the incident that night. 

The version those witnesses gave to police shortly after the incident matched their testimonies later in court. 

When all was considered, the court concluded that the alleged victim had attacked the accused. 

There was no argument about that: The man was behaving aggressively and continued to do so not only by throwing furniture about but also by punching Zammit, grabbing his neck and hitting him with a stool. 

He was so aggressive that a third party had to step in to stop the attack, it added.

The defence argued there was no evidence that Zammit was responsible for the injuries suffered by Salem. 

The court did not agree with that argument: There was little doubt that the alleged victim had been injured during the scuffle with the bouncer. 

However, when all was considered, the court was convinced that the accused acted in legitimate self-defence.

Salem’s injuries “undoubtedly followed [his own] manifestation of violence”.

In no way was he provoked.

All witnesses affirmed that the alleged victim had been behaving aggressively even before Zammit intervened, banging on the counter, drinking, harassing the dancer and threatening to douse her with his drink. 

The accused could not but react to defend himself and his actions were defensive rather than intended to attack the alleged victim. His behaviour was neither excessive nor unreasonable, court added.

Turning his back and leaving the place was not a realistic option either, given the circumstances. 

In light of all considerations, the court cleared Zammit of all criminal wrongdoing.

Lawyers Joe Giglio and Michaela Giglio were defence counsel.