An angry landlord who burst into an apartment, threatening his tenant, was fined by a court which, however, also ordered criminal action for perjury against the tenant and an ‘overnight guest,’ describing them as 'first class liars.'

Times of Malta had reported on June 19 how the tenant’s friend filmed the whole expletive-filled episode after he was rudely woken up by the landlord of the Swieqi apartment who burst in and found him sleeping on his sofa.

Paul Cachia, the landlord, and his tenant, Aleksandar Vukoje, were summoned this week to face charges over the incident and a previous one involving the tenant and Cachia’s property manager.

The court heard that five days before the landlord’s violent intrusion into the flat, his property manager had gone to check the premises after complaints from neighbours about someone shouting and banging at Vukoje’s apartment door.

When he knocked at the flat, the manager found that two police officers had got there before him.

“Everything is ok,” Vukoje promptly told him, his expression clearly showing that he did not wish the manager to interfere. Noticing a broken door lock, the manager asked, “how will you sort it out?”

“Not now! I’m doing something else. Let’s go outside. Let’s sort it out outside,” Vukoje snapped back.

When testifying about the episode the manager said that Vukoje “exploded” and was “physically” menacing. That day, the manager also spotted a stranger in the apartment. “Who is this gentleman?” the manager asked the tenant, explaining in court that he was somewhat “suspicious” because he had seen that stranger several times around the block, but didn’t know who he was.

“Just my friend who came to play the PlayStation in the evening,” Vukoje explained.

Vukoje was cleared of insulting and threatening the property manager when the case was heard concurrently with the case against the landlord.

Matters come to a head

The court heard that matters came to a head on June 13 when Cachia and his manager turned up at the flat. They had tried calling Vukoje for two hours and knocked on the door but there was no reply.

“I was sleeping,” said Vukoje when asked whether he had heard those calls and knocking.

The incident took place at around 1pm when he was sleeping after night shift, he said.

He claimed he was rudely woken up by his landlord’s angry threats of “sliting [his] throat and flushing it down the toilet” and persistent demands of “pay the money, pay the money.”

Asked whether he had sparked the foul-mouthed and violent tirade by telling the landlord “f*** your mother!” Vukoje said that was “a blatant lie.”

Cachia’s lawyer told the court that the landlord’s mother had just passed away.

An ‘overnight guest’ or long-time lodger?

Vukoje’s friend, Davor Jahic, who had started filming the incident “just in case,” said that he had gone to the flat the previous evening to play PlayStation games and drink beer. It was late when they finished and so he just slept on the sofa.

That account promptly triggered a reaction from the landlord’s lawyer, who pointed out that Vukoje had claimed that he had been working night shift.

The video recorded on Jahic's phone was then shown in court.

“How rude! Why stoop so low!” remarked Magistrate Donatella Frendo Dimech as Cachia’s expletives resounded in the courtroom.

Landlord was willing to waive dues if tenant moved out

A police officer testified that Vukoje had called for assistance. When police got there, the parties were “arguing slightly” and the landlord said that the tenant had not paid rent as well as for utilities.

Cachia insisted that the lease agreement was terminated. But an email from the Housing Authority seen by Sergeant Johann Parnis confirmed that the contract had been renewed.

The officer told the landlord that Vukoje had a right to stay at the apartment. “Speak to your lawyer to recover the money,” the officer advised. And the landlord agreed. Cachia later told the officer that he was willing to waive the €2800 owed as long as Vukoje and his friend moved out.

As for the other person he had found sleeping on his sofa, Cachia said that the man had no legal right to be there.

Jahic told the officer that he was “just visiting. But the “lots of clothes, shoes and toiletries” in the room where Jahic had been sleeping appeared to indicate otherwise, the officer said.

“It was a clear sign that he lived there,” said the officer, adding that he had ordered Jahic to move out. He did not “take it lightly” but eventually obeyed.

'First class liars'

The policeman told the court that Vukoje’s account to the media was not completely true. Vukoje had claimed that the officer had not done anything to help but in actual fact he had intervened, telling the landlord about the email from the Housing Authority.

Nor did he throw him out when he went to file a report at the police station. That could not be true since at the time he was on duty at the Naxxar counting hall.

When Vukoje returned the following day, saying that he wanted “to escalate” matters, the officer said he had directed him to the room next door where another officer would take down his report.

The witness said he felt aggrieved because Vukoje had publicly alleged that [he] did not do his duty.

In light of all evidence, the court declared Cachia guilty of unlawfully taking matters into his own hands by entering the flat that was lawfully occupied by the tenant. He was fined €200.

Then turning to Vukoje and Jahic, the magistrate said, “you two are first-class liars and I’m going to order the police commissioner to investigate you for perjury.”

“And the penalty for that may even be deportation,” added Magistrate Frendo Dimech.

Lawyer Mario Buttigieg was counsel to the landlord. Lawyer Veronica Anne Spiteri was counsel to the tenant.