'This was a hate crime': activists ask why Pride attack was not treated as one

LGBTIQ+ organisations have welcomed a court’s finding that an assault following Gozo Pride celebrations was motivated by hatred, but warned that the case exposed “systemic gaps” in the way hate crimes are identified, charged and prosecuted. 

The statement followed a judgment in which 23-year-old Aaron Atzori, from Qala, was fined €1,000 after being found guilty of causing slight injuries to the victim's face, making threats and breaching the public peace. 

The case dates back to the early hours of September 10, 2023, after Gozo Pride celebrations. 

The court said it was convinced the aggression had been motivated by the victim's sexual orientation. It said that, had the victim not been dressed as he was or had a different sexual orientation, he would likely have been treated like any other customer and the incident would not have unfolded. 

Atzori was, however, not convicted of a hate crime. He was also acquitted of harassment, with the court noting that the offence required a course of conduct rather than a one-off incident. Apart from the fine, he was ordered to keep the peace for one year under a €1,000 personal guarantee. 

Reacting to the judgment, LGBTI+ Gozo and members of the LGBTIQ+ Coalition said the ruling was an important acknowledgment that the attack was motivated by the victim’s perceived sexual orientation. 

However, they said they were “deeply concerned” that, despite this finding, the incident had not originally been treated and prosecuted as a hate crime. 

They said there were clear indications from the victim, witnesses, LGBTI+ Gozo and human rights activists that the attack was motivated by perceived sexual orientation. 

They had been explicitly told at the time that the case would not be charged as a hate crime because the victim had not articulated it as such. 

“Should this not be the duty of the investigating officer to determine what law has been broken, as experts in the judicial system, rather than the victim?” they asked. 

The coalition said the case raised questions about whether first responders were properly equipped to identify hate crimes and whether victims, witnesses and experts were being listened to. 

It also questioned how effectively Malta’s equality and protection laws, often praised internationally for their LGBTIQ+ inclusivity, were being implemented in practice. 

“This attack happened because of hatred,” the coalition said, adding that it was directed at someone perceived to be LGBTIQ+ because of their attire and expression. 

The organisations said the ruling was the second case of hatred during Gozo Pride celebrations to be decided in favour of the victim, and welcomed both rulings as “crucial steps toward justice”. 

What happened in 2023?

According to court testimony, the victim, a queer man, and a group of friends went to Qala after deciding not to pay the entrance fee at La Grotta nightclub. They stopped for a drink at the Ite Ad Joseph Band Club, which appeared to be the only establishment still open. 

The victim testified that the club’s barman became hostile, warned him not to look at the barmaid and told him he had “five seconds” to leave. The barman denied any discriminatory intent and said the premises were closing. 

The victim, who said he felt singled out because of his sexual orientation and the way he was dressed, including a floral shirt and pink handbag, began filming outside the premises before walking towards his car. 

He was then attacked from behind near Qala Primary School. 

Witnesses said Atzori chased the victim and punched him repeatedly in the head and face. Bystanders had to intervene to stop the victim from being pushed into an open trench dug for roadworks. 

Magistrate Jean Paul Grech rejected Atzori’s denial of involvement, describing his version as “absolutely not believable” and “not credible at all”. 

The coalition called for accountability and transparency on how such cases are investigated, categorised and prosecuted by law enforcement. 

It also urged the judicial system to ensure that hate-crime aggravating factors in the Criminal Code are “actively and rigorously” applied at charging stage. 

“The community needs to know that the state will prosecute hate crimes to the full extent of the law,” the organisations said. 

The statement was endorsed by LGBTI+ Gozo, Allied Rainbow Communities, aditus Foundation, Checkpoint Malta, Drachma LGBTI+, Drachma Parents Group and the Malta Gay Rights Movement.