'Very drunk’ man accused of pushing man into traffic, leaving him critical

Accused’s lawyer says victim being struck by vehicle could have been ‘act of God’

Updated 6.24pm

A construction worker has pleaded not guilty to assaulting a man, pushing him onto the road and causing him to be struck by a moving vehicle, leaving him critical. 

Christian Calì, a 25-year-old Gżira resident, appeared in court on Thursday morning, where he was accused of causing grievous injuries to the man, assaulting, threatening and insulting the alleged victim. 

He was further accused of breaching the peace, being drunk in public, and causing damage to third-party property through negligence and relapsing. 

Police inspector James Turner explained that on November 22, a police sergeant informed him that he had detained Calì over an alleged aggression. 

Calì allegedly got involved in an argument with a “foreigner” at a shop in St Julian’s early in the morning when he was already “very drunk”. The pair crossed the road and continued arguing outside when Calì allegedly pushed the man, who was in turn hit by a moving car. 

The alleged victim was in critical condition for some time and the inquiring magistrate opened an inquest into the case. 

Calì was interrogated on the day and later released on police bail until Wednesday, when he was rearrested before being arraigned. 

Defence lawyer José Herrera requested bail, arguing that while the proceedings were still at a very early stage, there was no risk that the accused would tamper with the evidence since all witnesses had already testified in the inquiry.

He explained that the man was living at a residential shelter and if denied bail, he would lose his spot and end up homeless and jobless.

The lawyer also argued that it had to be determined whether the incident was an “act of God”. 

Prosecutor Miriayah Borg countered that the alleged victim was in critical condition and the accused was given police bail until the police made the necessary verifications before issuing the charges against the accused to reflect the incident. These verifications could not be made during the 48 hours during which one can legally be kept under arrest. 

She also underlined that the accused, who was blind drunk early in the morning, did not know the victim. She also cited his “colourful” criminal record. 

Herrera rebutted by saying that, for all they knew, the man could have accidentally fallen off the pavement and been struck by a moving van, ending up on the bonnet. 

Late on Thursday afternoon, the court granted Calì bail after taking into consideration that he is trying to turn his life around, was employed and had a place to live. 
 
It also took into consideration that if he were to be remanded in custody he would lose his job and residence.
 
The court ruled that the justice system "should not be an obstacle to a man who is trying to turn his life around at the age of 25".
 
Calì was granted bail against a €10,000 personal guarantee. He was ordered to sign the bail book twice a week and issued a temporary supervision order.

Magistrate Monica Vella presided. 

AG lawyer Miriayah Borg prosecuted, assisted by police inspector James Turner. Lawyers José Herrera and Naomi Spiteri assisted the accused. 

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