'Innocent man' cleared as court says he should not have been prosecuted

A man who was taken to court over alleged involvement in a brawl, was cleared by a court on Tuesday, as a magistrate said she was “truly perplexed as to why an innocent man was arraigned in the first place.”

Bayo Musa was charged alongside Kah Abdoulie and Dampha Tauman over the incident that occurred on April 30, 2023 at a Birkirkara home which a mother and daughter shared with the three men.

Kah later recounted in court how earlier that evening he had planned to have sex with the younger woman and gave her €20 to buy condoms.

He claimed that she took the money but did not turn up later.

When he called to check on her, a man answered the call. Kah was outside the door. He entered the residence and headed towards the woman’s room saying that he wanted his money back.

The woman told him that she did not have the money. The man who had answered the phone and who later identified himself as the woman’s boyfriend, tried to push Kah away.

Kah angrily grabbed a frying pan from the stove and tipped its liquid contents onto the floor.

As the other man grew agitated and tried to force Kah out of the apartment, Musa and Tauman arrived.  

The elder woman was also present when the brawl broke. Kah said he tried to snatch her mobile phone. While he and her daughter’s boyfriend scuffled, the phone fell on the floor. The boyfriend bent down to pick it but slipped on the sauce-splattered floor.

Kah laughed out, remarking that it was “God’s justice.”

The other man sprung back to his feet, fetched a butcher’s knife from the kitchen and tried to attack Kah.

He later told police that he had been cooking at his girlfriend’s place when Kah forced his way inside. He claimed that Kah hit him on the head with the frying pan while Tauman punched him.

The accused had no role in fight

When testifying, the alleged victim said that Musa remained at the door throughout the incident and finally left.

The younger woman also failed to identify Musa as one of the aggressors.

Her mother testified that Musa was absolutely not involved in the incident. She stressed that he had stepped in to break up the fight.

“I didn’t see him fight,” she said. It was Kah who took her mobile and other items from her home, apparently to offset the €20 allegedly swindled by her daughter, she said.

In light of such evidence the court, presided over by Magistrate Donatella Frendo Dimech, stated that it was truly perplexing why an innocent person was arraigned in the first place.

“Exposing a person to criminal proceedings indiscriminately is truly a disservice to justice,” she said, adding that this reflected badly on the prosecution whose role it was “to exercise immense scrutiny and discernment” when pressing charges.

Criminal proceedings had a “potentially traumatic and devastating effect on people’s lives” robbing them of “days on end” of personal liberty and financial resources.

Focusing on “this unfortunate case,” the court said that once the prosecution had ascertained that Musa was not involved in the incident, it had its duty to “make its case for a nolle prosequi.”

It was rather confusing how Musa’s defence did not contest the decision reached by the court when the case was presided by another magistrate who decreed that there was sufficient prima facie evidence for all three accused, namely Musa, Kah and Tauman, to be tried.

While acquitting Musa of all criminal liability, the court found Kah and Tauman guilty of grievous bodily harm and condemned them each to a one-year jail term, less the time spent in preventive custody.

Both co-accused were also ordered to pay €151 each representing expert fees.