Man cleared of assault

A man was yesterday cleared of assaulting his estranged wife and seriously injuring her sister when a magistrate ruled that, in light of conflicting versions and evidence, the charges had not been proven to the level required by law.

Magistrate Giovanni Grixti cleared Charles Cassar, 36, of assaulting his estranged wife Silvia and injuring her sister Christine Mifsud in Zejtun on February 28, 2004.

The magistrate heard Ms Cassar explain that when Mr Cassar took their son back to her house he asked to take him with him for some time longer.

The child wanted to go with his father and hit his mother, who hit him back. On seeing this Mr Cassar warned her not to touch the boy. They started arguing and Mr Cassar hurled a stone flower pot stand at the glass door. Ms Cassar said that when her mother and two sisters went outside he started hitting them.

Mr Cassar's version was somewhat different. He confirmed that his son wanted to leave with him and when he got upset he waved his arms and hit his mother, who hit him back. Mr Cassar said he told her not to hit the child and she shouted. When he pushed the door one of the flower pot stands fell, breaking a glass door. He tripped and fell over a large piece of pottery and tipped it over.

On seeing what happed he decided to leave but Ms Cassar's mother and sisters followed him and assaulted him.

On examining the evidence and the nature of the injuries suffered by Mr Cassar, Ms Cassar and her family, the magistrate ruled that he was not satisfied with Ms Cassar's version to the level beyond reasonable doubt and therefore cleared Mr Cassar of all charges.

Police Inspector Nadia Lanzon prosecuted.

Lawyers Joseph Giglio and Roberto Montalto appeared for Mr Cassar.