Man jailed seven years for punch that left victim blind in one eye

A man has been jailed for seven years and ordered to pay €10,000 in damages after he was found guilty of punching another man, leaving him blind in his right eye.

Saviour Caruana was accused of causing grievous injuries to a man and breaching the public peace in an incident at United Bar and Restaurant in Mġarr on March 24, 2019.

In court it emerged that the police were called to assist following a fight in which knives were allegedly used. Two sergeants went at the scene and found two families, who knew each other. They had coincidentally met at the restaurant on the day.

Caruana was at the restaurant having lunch with his family and friends, while the victim was having lunch with his family at another table. The latter got annoyed by the noise and ruckus caused by the Caruana family and decided to leave.

A police sergeant testified that when they arrived at the scene, they had to hold the Caruana family on one side of the restaurant and escort the victim out of the restaurant to the ambulance after suffering eye injuries.

The accused told the police that they were singing when an individual from the victim’s table stood up and went outside and someone from Caruana’s table did too. He said that the two argued outside and Caruana went to separate them. Caruana alleged that he was hit above his eye during the argument. The sergeant testified that Caruana did not have any visible injuries.

Caruana’s son testified that his father had been punched in the face while his daughter testified that her father had been hit by a glass in his eye.

CCTV footage showed the victim standing at the bar when Caruana returned and walked straight up to him before punching him.

In court, the man testified that he was at the restaurant with his wife, daughters, their parents and grandchildren. After finishing their first course, the family decided to leave and take their main course as take away because they were irritated by the noise, shouting and cursing coming from Caruana’s table.

The victim stood up and went to pay, while the boyfriend of one of his daughters went out for a cigarette.

After he paid the bill, he made a sign to his family to inform them that he had paid and was heading to the toilet, but Caruana, who did not utter a word came up and punched him straight in the eye.

The man could not see anything, and his wife and daughter rushed him inside the toilet where they locked themselves. His wife testified that she saw blood shoot out of her husband’s eye.

While inside the toilet, someone banged on the door, demanding he comes out. The victim also said that he heard glass shattering.

The victim remained locked inside the toilet with his family until the police turned up.

He was then taken to Mater Dei Hospital for treatment where he had to undergo emergency surgery for his severe injury. As a result of the incident, he lost sight from his right eye.

One of the restaurant owners testified that Caruana wanted to get to the victim while the latter was still inside the toilet, while Caruana’s family threw glasses at the direction of the toilet.

The incident was caught on CCTV.

The court observed that Caruana’s family members tried to cover up for him, and highlighted inconsistencies between what the daughter and son testified.

It also noted that the victim was at the bar waiting to pay the bill and it did not make sense for the victim to get involved in a fight when they had decided to get up and leave the place.

The court deemed the version of events given by the accused to be untruthful while the victim’s version had not been undermined and challenged by the accused’s claims.

The court also observed that CCTV footage captured the victim’s calm composure and condemned Caruana’s “shameful behaviour”.

In its considerations on punishment, the court observed that Caruana was not a first time offender and had shown no remorse for his behaviour.

It also noted that the accused has prolonged proceedings unnecessarily. The judgment was meant to be pronounced on Monday but the accused did not turn up in court because of a medical intervention which had been previously set. The court observed that he could have easily asked for an adjournment in view of the appointment.

It was also noted that from the minutes of the case, the prosecution and victim were always present while the accused kept asking for adjournments.

The court remarked that this showed that the accused had not learnt anything and that “he thinks he can ride roughshod over the proceedings and make a mockery out of it”.

The man was jailed for seven years.

The court ordered him to pay the victim €10,000 in damages, the maximum allowed by law, noting this “would not give him back his eyesight”.

A three-year restraining order was issued in favour of the victim.

Magistrate Donatella Frendo Dimech presided.

Superintendent Godwin Scerri prosecuted.

Lawyer Arthur Azzopardi appeared for the victim.