A former police sergeant who got into a fight with a man who had threatened to destroy the officer’s life has been acquitted of involuntary harm by a court of appeal.

Joseph John Grech, 57 and from Marsascala, had initially been handed a two-year jail term, suspended for four years, following a fight at a restaurant in which he bit off part of the other man’s ear.

The former sergeant had clashed with Lebanese-born Zouhair Ahmad Al Ghazal in September 2004, after Mr Al Ghazal had approached Mr Grech’s wife, who was out for a walk, and told her that her husband was being unfaithful to her and telling her he would destroy his life.

That episode stemmed from Mr Grech’s decision the previous year to press charges against Mr Ghazal after his ex accused him of having turned up drunk at his ex’s hairdressing salon in Paola and punching her in the face.

When reporting the incident, the alleged victim had also informed Mr Grech, who was the officer investigating the case, that her ex had married a Maltese woman after his application for refugee status had been rejected.

Mr Grech had also informed the Department of Citizenship & Expatriate Affairs of the man’s alleged marriage of convenience.

After being placed on the wanted list when he could no longer be found on the island, Mr Al Ghazal had written to the Maltese authorities alleging that the seargent was in a relationship with his ex, the hairdresser, and had overstepped his powers as a member of the corps.

When, in September 2004, Mr Al Ghazal had approached Mr Grech’s wife in Marsascala, Mr Grech had insisted on filing a report at Żabbar police station.

However, events took an unexpected twist that same evening, when Mr Grech spotted Mr Al Ghazal at a Marsascala restaurant. He approached Mr Al Ghazal at his table and when he warned him “leave me and my family in peace”, all hell broke loose.

The diner upended the table and a violent scuffle ensued during which the officer allegedly bit off part of the other man’s ear, whilst landing several scratches, abrasions and punches, later certified as slight injuries.

After the incident both men gave conflicting versions as to how the fight had broken out, with the police pressing criminal charges against the two of them.

During proceedings against the former sergeant, the Magistrates’ Court had concluded that the sergeant had taken the law into his own hands. By approaching the other man at the restaurant, the former officer had sought out trouble, the court noted, as it found Mr Grech guilty.

However, the Court of Appeal, presided over by Madam Justice Edwina Grima, adopted a different view. Mr Grech, the court said, had approached the other man merely to warn him against his constant attempts to break up his family life.

Mr Grech had declared in a statement how he and his relatives felt constantly threatened by Al Ghazal, who persecuted them ceaselessly, “And all this just because I did my job,” he had remarked.

The court overturned Mr Grech’s conviction and acquitting him on the ground of legitimate self-defence.

Lawyer Joseph Giglio was defence counsel.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.