An unlicensed bouncer who was trying to shift patrons out of a Paceville club during a stampede was cleared of causing them injury on Tuesday. 

The incident dates back to 2015 when the use of pepper spray inside the tightly packed Plus One club sent the crowd into a frenzied rush to exit the building. 

In the chaos, the glass bannister of the staircase leading up to the club's front entrance shattered under pressure, causing some people to fall the height of over a storey down the rest of the stairs. A total of 74 people were injured in the incident. 

The aftermath of the club staircase the day after the incident. File Photo

Bojan Spasic, one of the 23 arraigned over the incident, was charged with causing the club's patrons grievous bodily harm, working as a private guard without a licence and smoking indoors. 

In her judgment on Tuesday, Magistrate Donatella Frendo Dimech acquitted Spasic of the bodily harm charge and concluded there were a number of factors surrounding the incident that no reasonable person could have foreseen. 

The court found there were shortcomings on the side of the club, including that the door of the main entrance was wider than it was supposed to be, enticing patrons to head towards it. 

While Spasic initially led people towards the main exit, he later started to lead people towards an emergency exit that led to another nightclub. 

Although he had never received training in evacuation procedures, Spasic remained the "last man standing" and ensured that no one was left inside the club, the court said. 

The Serbian national, who was 22 at the time of the incident, stuck around to make sure no one remained inside, even checking bathrooms to ensure all had been evacuated. 

The number of patrons that had been allowed into the establishment far exceeded the club's capacity, with about 450 people, or roughly four to five people for every square metre, packed inside. 

Emergency workers treating the injured after the incident. File Photo

"Spasic, the only security to be inside the club and witness firsthand the chaos and mayhem which ensued, was put on the spot and instantaneously placed in the unenviable position of having to deal with the evacuation of a crowd alone, which crowd in the first place should have never been allowed to reach such numbers," the magistrate said. 

"In truth, the court deems that his actions, in those circumstances, with all the failings to which reference has been made above, demand commendation not censure."

The court concluded that the odds were stacked against Spasic who, despite these challenges, did his best to escort people to safety without thinking of his own wellbeing in the process. 

Spasic was found guilty of acting as a security guard without a licence on his own admission and security footage showed plainly that he was smoking inside the club. 

For these offences, he was fined €1,200 to be paid in instalments over the next 12 months.

Spasic was represented in court by lawyers Franco Debono, Marion Camilleri and Adreana Zammit.