A father and son charged last week over an assault believed to be linked to a roadside shooting that happened two years ago in Qrendi have been discharged.

Eugenio Gaffarena, a 64-year-old pensioner and his son Vince, 20, were arraigned after allegedly assaulting Roderick Debono, whose relative, Leon Debono, was one of two suspects accused of a 2020 shooting.

In that shooting, Vince’s cousin Saviour Gaffarena, was killed.

Vince, who was himself shot in the chest and face, was still receiving treatment for the injuries suffered, the court was told when father and son were arraigned on September 20.

Two days before, the two were allegedly involved in a violent attack upon Roderick Debono at Misrah il-Fidwa, Mqabba.

Police officers, alerted about the fight by an anonymous caller, went on site. They spotted blood splatters at a bus stop right opposite a political party club. 

Later that afternoon, Debono turned up at the police station claiming to have been assaulted.

He had suffered facial wounds that needed sutures as well as bruising. Those injuries were certified as grievous by a doctor who examined him at the Paola health centre.  

The two suspected aggressors were subsequently arrested and arraigned. 

Eugenio pleaded not guilty to grievous bodily harm, carrying a sawn-off shotgun while committing a crime against the person, possessing the weapon without a police licence as well as insulting and threatening the alleged victim.

His son, Vince, also pleaded not guilty to complicity in the alleged wrongdoing as well as holding the victim against his will. 

Both were remanded in custody after their request for bail was turned down, particularly in view of the fact that civilian witnesses, including the alleged victim, were still to testify. 

During the arraignment, prosecuting Inspector Janetta Grixti confirmed that the victim had told police he did not want to press charges against the alleged aggressors.

But in view of the grievous nature of his injuries, police had gone ahead with the prosecution.

When the case was appointed for hearing this week, the alleged victim took the witness stand, insisting once again that he had no interest in pressing charges against the accused.

A third party also summoned to testify as an eyewitness, could shed no light on the alleged fight.

In light of such evidence, and especially in view of Debono’s testimony, the court, presided over by Magistrate Joseph Mifsud, declared that there was not sufficient prima facie evidence for the accused to stand trial on indictment.

The court consequently discharged both accused and ordered that the records of the case were to be sent back to the Attorney General’s Office in terms of the law. 

Lawyer Noel Bianco was defence counsel.