Man stabbed in self-defence, court finds

The Criminal Court yesterday decided that a man who stabbed another in an argument, causing him serious injuries, had acted in self-defence.

Magistrate Jacqueline Padovani Grima gave her judgement in the case against Silvio Pace, 37, who was charged with grievously injuring Loreto Bonello on December 2, 2001. Pace was also charged with relapsing and with committing a crime during the operative period of a suspended sentence.

The court noted that the police had been informed about an argument that had taken place at the flat where Pace lived and from investigations it resulted that Bonello had banged on the door with a wooden balustrade claiming one of Pace's 10 children was effectively his.

Pace opened the door and a fight between him and Bonello ensued. It also resulted that a pen-knife was used and Bonello was certified as having "a slight injury, saving complications".

Bonello testified that he had gone to Pace's flat "as he had a daughter from Pace's wife and wanted to see her". In the flat, Pace lived with Liza Pace and 10 children.

Bonello said Liza Pace had opened the door and when she saw him she slammed it in his face. Her husband then came along, stabbed him in the back of the neck and he defended himself with a balustrade.

Bonello admitted going to Pace's house and beating him up on a previous occasion.

Pace argued that Bonello had broken down the door, which was confirmed by a police constable who saw the lock on the floor. Other police officers testified that Pace and Bonello continued fighting each other even after the ambulance arrived.

Liza Pace testified that Bonello had threatened to kill them and that "one way or another he was going to take his two-year-old child".

The court noted that when the incident took place, there were eight children in the flat along with the Paces. Bonello had used violence to break his way into the flat where Pace was with his family and started shouting that he wanted to see the daughter he had from an extra-marital affair he had with Pace's wife.

"It is indeed difficult to find a set of identical circumstances that are more explosive than these," the court said.

Such a violation threatens "the primitive sense of a father, who sees not just the threat to himself but also sees the threat to his immediate family that requires his protection".

The court said Pace had acted in self-defence as well as in defence of the two-year-old daughter and so acquitted him.

Dr Roberto Montalto appeared for Pace.

Inspector Marthese Micallef prosecuted.