Man, 73, cleared of trying to grievously injure neighbour

A 73-year-old man was acquitted of trying to grievously injure his neighbour after a court upheld a plea that he acted in self-defence.

Carmel Agius, from Żurrieq, was accused of trying to grievously injure his neighbour, Michael Debono, causing him slight injuries, carrying a knife without a licence and using the knife in the commission of a crime, as well as breaching public peace.

The man denied the charges.

The case dates to October 25, 2020, when police received a call about a fight involving three men on Triq Matteolo Saliba in Żurrieq.

When they arrived at the scene, they found three men near two motorcycles, with two of them having visible injuries.

The men were threatening each other in the presence of the police officers, and said something along the lines: “this won’t stop here” to each other. The officers took them aside and took note of their version of events.

Debono told the police he had emerged from his residence some 15 minutes before the incident and was leaving with his friend, Joseph Camilleri, on their motorcycles, when Agius approached him and told him to take care of his dog, which was allegedly kept on his roof.

Debono replied that he loved dogs and that he took care of his, inviting the accused to file a report with the relevant authorities if he thought the dog was being mistreated.

He said that Agius had gone back to his residence. The alleged victim started banging on Agius’ garage door, and Agius emerged holding a bread knife.

Debono told the police he took the knife away and bent it with Camilleri, after being hit in the face by Agius. 

In his statement to the police, Agius said he had asked Debono whether the dog was his, as he pitied the animal, which was constantly barking on the roof. Debono allegedly asked him: “int ser toqgħod idaħħak?” and the elderly man returned to his residence.

While cutting up bread to make himself a sandwich, he heard someone banging on his garage door. 

He went back outside holding his knife because he feared Debono.

The pair ended up in a physical fight, and Camilleri took the knife away from Agius. 

The accused told the police that Debono had assaulted him, punching him in the face and lip, and that he waved the knife to defend himself.

Agius himself sustained slight injuries in his face, while Debono had scratches on his face, one of which was 15 centimetres long.

In its considerations, the court deemed Debono’s and Camilleri’s version of events not credible.

It observed that in the version given before the court, Debono said he was walking away from the garage door when Agius allegedly emerged waving a knife.

It was only when he turned round that he saw the man charging at him.

Had it been the case, Agius would have tried to stab Debono, the court observed. Instead, the injured party sustained scratches, and it could not be determined that these were caused by the knife.

It added that had Agius dominated the fight, the consequences would have been more serious.

The court also deemed the accused’s detailed version to the police more credible, and ruled that the man had been first physically assaulted by Debono and that he had waved the knife to defend himself.

The court ruled that Debono had knocked on Agius’ garage door with the intention of fighting. Upon opening the door, Agius found Debono, who physically assaulted him.

“The aggression was serious. Aside from being a youth, Debono was at the time an AFM soldier trained in combat, while the accused was an elderly man,” the court said, observing that Agius told the police he opened the door with a knife in hand as he feared Debono.

“Even if one had to believe Debono, Agius telling the man to take care of his dog was not a valid reason for Debono to knock on Agius’ garage door and use violence against him.

"The accused had no alternative but to defend himself from this violent and unjust aggression,” the court ruled, upholding the plea of self-defence.

The court acquitted him of all the charges.

Magistrate Marse-Ann Farrugia presided.

Police inspector Doriette Cuschieri prosecuted, while lawyers Herman Mula and Silvan Pulis assisted Agius.