Fgura rooftop dispute leaves three injured as neighbours denied bail

Two neighbours were denied bail after facing court over an argument that escalated into a physical altercation on the rooftop of the Fgura block where they both live.

Johnny Cassar, 41, and Mark Bugeja, 43, were separately arraigned on Friday afternoon and pleaded not guilty to the charges.

Police were informed at 3.45am on January 7 that there had been an argument between two neighbours in Paola which had left some people injured.

The officers went on site and found Cassar in a pool of blood on the ground floor. They then spotted two more individuals, Bugeja and his partner, both with facial injuries. Cassar’s partner was also there. Paramedics were at the scene assisting the injured individuals.

Police inspector Francesca Calleja explained that there were blood stains over the stairs and wall all the way up to the roof.

Police investigations revealed that Cassar and his partner had heard some noise coming from the roof, and they went upstairs to check, with Cassar carrying an unloaded licensed air rifle. On the roof, they found Bugeja and his partner. An argument ensued which escalated into a physical confrontation.

Calleja insisted the air rifle was not used but Bugeja allegedly grabbed a sharp pointed object and used it on Cassar, who hit back.

According to the medical certificates both men sustained slight injuries, while Bugeja’s partner sustained grievous injuries.

Cassar was arrested when he reported to Paola Police Station on January 8.

Calleja confirmed that they found no ammunition inside Cassar’s apartment following a question by defence lawyer Dustin Camilleri.

Bugeja was admitted to hospital for further tests. He was released from arrest and rearrested on January 8 in the afternoon.

Cassar, who works as a deckhand, was accused of causing grievous injuries to both Bugeja and his partner. He was also accused of causing the couple fear that violence would be used against them, assaulting, insulting and threatening them, as well as breaching the public peace.

He denied the charges.

Bugeja, an accountant, was charged with causing grievous injuries to Cassar using a sharp and pointed weapon. He was accused of causing the couple fear that violence would be used against them. He was also charged with assaulting and threatening Cassar, and disturbing the repose of the inhabitants.

He also denied the charges.

Defence lawyer Dustin Camilleri requested bail on behalf of Cassar, informing the court that his client could reside with his mother on the other end of Fgura. He highlighted that the man is employed and together with his partner, who also works full time, raises a seven-year-old. He insisted that the civilian witnesses who have not yet testified did not witness the altercation and his client had fully cooperated with the police and gave his version.

Prosecutor Miriayah Borg objected saying that there was a real fear that the accused would tamper with the evidence and there were civilian witnesses who have not yet testified in the case.

Bugeja’s lawyer, Franco Debono did not object to Cassar’s bail request as long as the pair do not speak to each other.

In Bugeja’s case, Debono then requested bail, and similarly Camilleri did not object.

The defence lawyer said his client could live in Attard if granted bail. He highlighted that Bugeja had no previous criminal conviction and was a professional. He added that this was an unfortunate incident and if his client could have anticipated the outcome, he would have clearly steered away. The lawyer argued that his client was ready to subject himself to any court imposed conditions.

Debono argued that the court needs to weigh whether a real fear that his client would tamper with the evidence really existed.

Borg countered that the investigation was still ongoing and there is one person who has not yet been questioned in connection with the case.

The court upheld Debono’s request to appoint a medico-legal expert to examine Bugeja’s black eye.

The court upheld the prosecution’s request and a protection order was issued in favour of Bugeja and his partner, and Cassar and his partner.

However it denied both men bail noting that this had started off as an argument on noise which escalated into a physical altercation.

Bugeja burst out crying upon learning he was going to be remanded in custody.

The court recommended that the two men are kept apart in prison.

Magistrate Charmaine Galea presided.

AG lawyer Miriayah Borg prosecuted assisted by police inspector Francesca Calleja.

Lawyers Franco Debono and Marion Camilleri appeared for Bugeja.

Lawyer Dustin Camilleri appeared for Cassar.