Cafe owner jailed for a year over rib-breaking beating

A St Paul's Bay cafe owner has been jailed for a year for grievously injuring a customer who vandalised his sister's car and shop.

The court found the assault was carried out in the heat of the moment, but ruled that his prior criminal record left it no choice but to impose an effective prison term.

Miguel Portelli, 34, was found guilty on Thursday of causing grievous bodily harm to Luca Medaglia during an incident at Michele's Cafe & Restaurant in St Paul's Bay on the morning of March 29, 2023.

Medaglia suffered two fractured ribs and, according to a court-appointed medical expert, was left with a five per cent permanent disability due to chronic pain directly resulting from the fractures.

While testifying, Medaglia said he was waiting for the restaurant to open when Portelli and his sister set upon him. He said he was kicked, ending up with broken ribs, and that four men were waiting for him outside, two of whom held him while the other two beat him. He told the court he hit his head and lost consciousness.

Portelli, who runs the cafe, initially denied kicking or punching Medaglia. But under cross-examination, when asked directly whether he had caused the injuries, he replied: “I think so”.

The court heard that the confrontation erupted immediately after Portelli's sister, Marianna, told him that Medaglia was the person who had scratched her car and damaged property at the cafe. She presented CCTV footage which she said showed Medaglia damaging the cafe furniture and walking past her car at the exact moment the scratch appeared.

Magistrate Kevan Azzopardi said he was morally convinced that Medaglia was telling the truth when he testified that Portelli had kicked him, and that the fractured ribs and permanent disability resulted from those kicks.

But the court upheld the defence's argument that the assault was legally excusable as an offence committed in the sudden heat of passion.

The magistrate noted that Portelli attacked Medaglia immediately upon learning that he had damaged his sister’s property. He also observed that Medaglia had been "truly irresponsible" in going for a beer at the cafe of the very family whose property he had damaged.

The finding of provocation reduces the applicable punishment to no more than two-thirds of the ordinary penalty.

However, the court also declared Portelli a recidivist. Court records showed he had been fined €500 in January 2021, in a case that included slightly injuring another person, and €300 in February 2022.

The magistrate said it was "a real pity" that Portelli had not learnt that in moments of anger one should stay calm and, above all, not take the law into one's own hands.

Because the law bars suspended sentences for recidivists in these circumstances, the court said it had no alternative but to imprison him, and sentenced Portelli to one year in prison.

The court issued a three-year restraining order in favour of Medaglia and ordered Portelli to pay the costs of the court experts.

No compensation was awarded to Medaglia. The court said this was because the prosecution had failed to quantify the damages he may have suffered.

Lawyer Francesca Zarb was parte civile, while Jose Herrera acted the accused.

Inspector Christian Cauchi prosecuted.