A man accused of assault in a bar brawl was cleared of all criminal liability on Friday.

The incident dates back to August 2, 2020 when a father and son had been drinking beer at two Marsalforn seafront restaurants, making their way through several pints before the violent fight broke out shortly after midnight.

Footage of the incident ended up on social media, enabling police to identify Macedonian national Aleksandar Trajkovski as one of the six suspects who had allegedly turned upon the Maltese man.

A third party who was seen dealing the first blow subsequently fled from the scene.

The following morning, the alleged victim, limping and sporting facial scratches and bruising was accompanied to hospital by a relative where he was found to have also suffered two fractured toes.

His injuries were certified as grievous.

A police report was lodged and charges were subsequently issued against the suspect aggressor who pleaded not guilty to grievously injuring the alleged victim, attempting to use force against his son as well as disturbing the repose of inhabitants that night.

When testifying shortly after the incident, the victim said that he had been on an evening out with his son.

He could not recall how many drinks he had that day but he did remember a restaurant owner swearing at him after he began to kick tables and chairs outside his establishment.

The man said that he had been assaulted by six aggressors, naming a third party as the one who had allegedly landed the first blow.

He also admitted that he was “a bit tipsy” at the time.

His son also confirmed that the pair had been drinking since around 4pm and could not “positively identify” the accused later at the police station.

A police sergeant testified that the restaurant owner had allegedly been called by one of his employees alerting him to the presence of a man who was insulting members of staff.

When the owner arrived on site, a verbal match ensued as he exchanged insults with man who subsequently claimed to have been attacked by the restaurateur and his staff.

The police officer also confirmed that the alleged victim was drunk and “had no control whatsoever.”

The restaurant chef who had witnessed the commotion that broke out at closing time around 2am on that busy weekend night, testified that he had seen the alleged victim getting up from the ground ‘unaided’ though ‘unsteady on his feet.’

When delivering judgment on Friday the court in Gozo, presided over by magistrate Brigitte Sultana, observed that the conflicting versions called for careful evaluation of all the facts after sifting through the evidence.

The footage of the incident was discarded by the court because the person who had filmed the incident was never summoned to confirm the authenticity of the contents.

In his testimony the alleged victim never mentioned or identified the accused as his aggressor or one of the those involved in the fight.

In fact “he does not refer to the accused at all,” observed the court, noting further that none of the witnesses did.

The prosecution must prove its case beyond reasonable doubt so as to morally convince the court that the offences have actually taken place.

In light of all evidence the court could find “no connection between the accused and the incident” thus clearing him of all criminal liability.

Lawyers Arthur Azzopardi and Jonathan Mintoff were defence counsel.