A driver who was racially abused and physically threatened after beeping his horn at a Maltese driver who was blocking his way acted in self-defence when he broke the other man’s jaw, a court has ruled. 

Shane Kayde Rowe was heading to work when he stopped to refuel at the Skyparks service station at the Malta International Airport on August 3, 2020.

He later recounted that he had honked his horn at a driver who was blocking access to the fuel pumps, but finally manoeuvred past the car and stopped near the second pump further down.

As he sat in the car looking for his wallet, he heard a “very loud and frightening sound,” realizing that it was the other driver, 52-year-old Mario Spiteri, who had slapped the car window on his side very hard. 

The accused stepped out of his car, facing the other man who threatened to punch him, flinging racial slurs directed at his skin colour.

“I am not scared of you because you are black. You guys think you are so special with your black lives matter ,” Spiteri said.

The accused told Spiteri not to touch him. 

But soon, heated words gave way to blows as Spiteri struck Rowe on the shoulder with his “two index fingers.”

Rowe reacted by punching Spiteri three times in the face. 

Police who arrived at the incident scene found Spiteri spewing blood. They went on to charge Rowe with causing him grievous harm that resulted in a permanent functional debility. 

Spiteri testified in proceedings against Rowe, recalling how he had first ignored the accused when he “violently or abruptly or aggressively” honked his horn.

When Rowe drew up near his car, making hand gestures, he thought that the man must have stepped out on the wrong side of bed that morning. 

He approached the accused’s car out of curiosity to ask “why all the drama.”

Rowe got out of his car and mumbled something about his driving, Spiteri told the court, prompting Rowe to call him “stupid” or “idiot” multiple times. 

That was when he suddenly saw a dark shadow and the next minute he was knocked out senseless, ears ringing and blood dripping out of his mouth. 

A medical professional later certified that in spite of several surgical interventions, Spiteri suffered a persistent discomfort and a numbness of the lower lip that made eating a painful experience.

He had also lost a pre-molar tooth which accounted for his 1.5% permanent debility. 

Faced with the parties’ versions, the court, presided over by Magistrate Donatella Frendo Dimech, observed that Spiteri’s account was “unreliable” and rife with statements which, taken in context of the incident, “made no sense at all.”

Footage showed that he had walked over to Rowe to confront him.

Although he said that he was completely knocked out, footage showed that Spiteri was back on his feet “in a split second”, taking photos of the accused who remained calm and composed, near the paying booth, visible to all and in a spot that was covered by security cameras.

Rowe’s version that the other man was abusive and insulting was more credible and corroborated by footage. He had also stepped backwards to avoid confrontation.

But when the alleged victim’s verbal threats and racial slurs were followed by physical contact, the accused felt that he was in danger. 

His actions were deemed proportional since he was taken aback by the other man’s frenzied reaction to the simple beeping of the horn, said the court. 

Spiteri’s actions were grave, unjust and inevitable, escalating from hitting the accused’s car to placing his hands on the accused. 

Even after he was punched, he still approached Rowe  “time and time again” in heated argument. 

When all was considered the court, presided by Magistrate Donatella Frendo Dimech, concluded that the accused had acted in self-defence imposed by actual necessity and thus cleared him of all criminal liability.

Lawyer Joe Giglio was defence counsel.