RE/MAX boss gets suspended sentence for Portomaso assault

A real estate executive who assaulted a man at a crowded Portomaso restaurant has been handed a one-year prison sentence, suspended for two years, after a magistrate ruled he had instigated a violent confrontation.

RE/MAX Malta chairman and former CEO Kevin Buttigieg faced charges in relation to an October 28, 2020 incident at a "jam-packed" Tiffany Lounge. The court heard how an argument between Buttigieg and the victim, Christopher Grech, escalated into a physical altercation that left the latter with facial injuries.

Evidence presented during the compilation of evidence revealed that the two had been clashing for months in the run-up to the incident.

Buttigieg testified that Grech was a strange man who had first approached him by telling him “I have €20 million in cash and I know that you are an expert in laundering money through property.”

Buttigieg said he thought it was all a joke or a setup, and brushed him off. But Grech was persistent and harassed him, even allegedly calling him at 1.30am.

The court noted that while Buttigieg felt "uncomfortable" with Grech and his behaviour, he had failed to report the alleged harassment to the police.

On the night of the incident, Grech was dining with a friend at the restaurant when he was approached by Buttigieg.

He told the court that he and Buttigieg had crossed paths a short while earlier, by the Portomaso roundabout. Buttigieg had called him a "bullshitter" and a "piece of shit", he testified.

Then inside the restaurant, Buttigieg approached him as he was seated with his friend, called him a “piece of shit”, knocked over a coffee cup and started beating him. Buttigieg said that Grech then threatened to "kill him" using a revolver; Grech's dinner companion, who also knew Buttigieg, testified that Grech did not retaliate.  

Suspected CCTV tampering

There was no CCTV footage of the incident. The restaurant’s owner, Manfred Unger, testified that the CCTV system had many problems and no footage was retained from that night.

A police inspector who visited Tiffany’s Lounge the day after the incident found a CCTV technician there and the camera system, reset. He suspected tampering but could not prove it.

Buttigieg confirmed that he knew the restaurant owner and had previously done business with him but strongly denied asking him to delete footage.

Magistrate Donatella Frendo Dimech was critical of Buttigieg and his actions, noting that it was he who initiated the confrontation, despite having previously told the victim he wanted nothing to do with him.

"The court is morally convinced that the accused, through his actions, created the incident," the magistrate observed in her judgment.

Buttigieg confirmed that he hit Grech but argued that he had done so preemptively. 

"I stood up and he stood up and obviously, before he hit me, I hit him. It is as simple as that," he testified. 

The court rejected the defence’s claim of provocation, noting that the law does not allow a plea of provocation when the accused has actively sought out the victim. Furthermore, the court highlighted the defendant's decision to approach the victim’s table, despite the "jam-packed" nature of the establishment, as evidence of an intent to cause trouble.

While the prosecution originally charged Buttigieg with causing Grech grievous bodily harm, medical experts testified that there were no permanent scars or evidence of bone fractures. Consequently, the court reclassified Grech’s injuries as being of a slight nature.

In her final ruling, the magistrate noted that the incident occurred over five years ago and that the defendant’s criminal record was not of concern. However, she deemed a suspended sentence appropriate, coupled with an order for Buttigieg to attend an anger management course.

The court also issued a two-year protection order in Grech’s favour. Buttigieg was ordered to to pay €282.50 in court expert expenses. In a closing remark, the Magistrate noted that the victim had expressed a desire to apologise for his own role in the events, which the court factored into its decision to avoid an immediate custodial sentence.