Man acquitted of injuring his aunt
The accused was more consistent in his version of events, court finds
A 46-year-old man has been acquitted of grievously injuring his aunt in an incident that took place in 2003.
Roderick Caruana was accused of causing grievous injuries to Maria Concetta Formosa, his father’s sister, and of breaching the public peace. He denied the charges.
The incident allegedly took place on November 10, 2003. The woman filed a police report claiming that her nephew, who was in a relationship with one of her daughters, assaulted and pushed her. She presented two medical certificates, one stating that she sustained slight injuries and another stating that she sustained grievous injuries. None of those certificates was presented in the records of the case.
Eventually, another medical certificate drawn up five months after the alleged assault was presented, showing that she had suffered grievous injuries.
The accused told the police that the woman assaulted him and he grabbed her by the hand in a bid to stop her from hitting him. He denied pushing her.
The case was put off in November 2007 after the aunt failed to turn up in court to testify. It was eventually recalled in October 2024. The woman only testified earlier this year, explaining that on the day she took food to her ex-husband and argued with her daughter, who lived with her father. The woman alleged that her daughter called Caruana to assist her and when he turned up, he pressed her hand injuring her.
The court, faced by two versions of events – that of the accused and that of the alleged victim – found that Caruana’s version was more coherent and consistent.
It also took note of the woman’s behaviour in court. In February 2006 she failed to turn up to court to testify. An arrest warrant was issued, but she repeatedly failed to turn up in court. There was a period when the prosecution had trouble summoning her. It was only this year that she eventually turned up and testified, with the court noting that her behaviour cast a doubt on her credibility.
It also observed that the woman told the police that the accused had pushed her, while years later she claimed that he had pressed her fingers on her. The court also pointed out that other witnesses summoned by the prosecution were not always consistent when testifying in court.
As for the medical certificate in the records of the case, the court observed this was issued five months after the alleged incident and the injuries could have resulted from something else.
The court therefore acquitted Caruana of all the charges brought against him for lack of evidence.
Magistrate Leonard Caruana presided. Lawyers Jacob Magri and Wilfrid Buttigieg appeared for Caruana.