A plasterer who allegedly assaulted a client with a knife during an argument over pending payments was denied bail on arraignment on Wednesday.
Tarek Meashi Ualid, a 24-year old Syrian national with a Bulgarian passport and identity card, claimed that he was owed money by the alleged victim and had acted in self-defence.
The incident happened on June 1 in Hamrun.
Prosecuting Inspector Sarah Kathleen Zerafa said that on that day a Syrian man contacted Hamrun police station saying that earlier, at around 3pm, he had been attacked with a knife.
He identified his alleged aggressor as ‘Tarek,’ supplying police with the suspect’s mobile number. Work-related money issues appeared to have triggered the attack by the suspect.
Police immediately set about trying to contact Tarek, but their calls went unanswered.
Finally, on Tuesday evening the man picked up his phone and was told to go to the police station after being informed that he was under arrest. He duly turned up and was taken into custody after being questioned about the alleged episode.
On Wednesday he was charged with grievously injuring the alleged victim, carrying a knife and wilfully breaching the public peace.
He pleaded not guilty.
His lawyer, Jacob Magri, contested the validity of the arrest since the police had not presented any warrant duly issued by a magistrate.
The prosecution countered that it was not possible for the police to obtain a warrant since all they knew was that the suspect was called ‘Tarek’ together with a mobile number.
Magistrate Rachel Montebello confirmed the validity of the arrest, citing article 355 of the Criminal Code whereby police may arrest a person upon a reasonable suspicion.
A request for bail was objected to not only because of the nature of the case and the fact that civilians were still to testify, but also because the accused had no fixed ties to Malta. He had been here for some months on the strength of Bulgarian documents which had since expired, argued the prosecutor.
The defence countered that the case was totally “upside down.”
The accused had made various attempts to report what he had been going through since the alleged victim refused to pay for works that had been carried out. On one occasion the alleged victim had even followed the accused to Gozo, where he lived, to try to attack him there, said Magri.
Indeed it was the alleged victim himself who had called the accused telling him to meet in Hamrun so as to discuss the money issues between them and that was when the alleged attack took place.
“This is a classic case of self-defence,” went on the lawyer, pointing out that the accused had an untainted record, and had family relatives staying in the country, including a cousin who was present in court.
Moreover, the accused lived in Gozo while the alleged victim, who would likely opt not to testify if cautioned to avoid possible self-incrimination, lived in Malta.
The court however turned down the request for bail and urged the prosecution to summon the alleged victim at the first hearing.