A man who injured three pedestrians outside an Iklin club while trying to square it off with a bouncer who had just shown him the door has been spared an effective prison term only because his behaviour appeared to be “out of character”.

The incident was reported in February of last year, when Carlos Cardona, a 46-year-old Marsa resident, was involved in an argument inside the club. 

He continued to argue with the bouncers who escorted him outside, uttering foul language as he headed for his car parked nearby. 

Two couples who happened to be exiting the club at the time witnessed the verbal spat and the events that followed. 

One man recalled that the accused was arguing with one of the bouncers before he went to his car, reversed towards a roundabout and then drove straight at him as he stepped outside the club with his wife and brother. 

That woman testified that she had just exited the club when she saw a green Mazda Demio heading in her direction, the driver shouting, “come out if you’re a man so I can knock you down.” 

The driver knocked down her brother-in-law’s wife, who happened to be crossing the road. 

Court heard that the man eventually drove off and was subsequently arrested at his home, smelling of alcohol. 

He refused a breathalyser test and a medical examination after failing to get in touch with his lawyer, saying he would rather not answer police questions. 

Cardona’s wife, who had been with him at the club, later told police that she did not get into the car with her husband but left the club, heading in the direction of San Ġwann on foot. 

When giving his statement to the police, Cardona did not seem to recall any argument with third parties at the club, nor was he under the impression that bouncers had escorted him outside. He said that he had walked to the car and, as he drove towards his wife, he felt a bump. 

Then suddenly “everyone began to hit me through the [vehicle’s] window”. 

He put the car in gear and drove off with “one of them hanging onto the window”, the accused claimed. 

Cardona faced a raft of charges including grievously injuring two of the victims, attempting to grievously injure two others, slightly injuring one of the women, dangerous and reckless driving, driving under the influence as well as failing to supply personal details to the police and breaching public peace. 

He pleaded not guilty. 

When delivering judgment, the court, presided over by Magistrate Donatella Frendo Dimech, observed that the accused intended to cause harm.

The fact that rather than control himself, he chose to fight and confront the bouncer, proved that. 

He was in such an angry state that, rather than join his wife who had left on foot in the opposite direction, he drove back to the club to continue where he had left off, challenging the bouncer to step outside. 

He wanted to continue the argument in the state he was in.

Nor did the court believe the accused who later claimed that he had mistakenly put his automatic vehicle in gear instead of reverse and that was when it went forward. That account was not corroborated by eyewitnesses who said that the accused first smashed into a wall and then drove straight at pedestrians who were crossing the road. 

In light of all evidence, the court declared Cardona guilty of grievously injuring the two brothers and slightly injuring one of their wives. One of the victims suffered a cut on the head and cuts on his fingers and hand that could result in permanent scarring. His brother suffered a fractured finger. 

The accused was also found guilty of dangerous driving, driving under the influence of alcohol and breaching public peace. 

When meting out punishment, the court noted that Cardona was not a first-time offender and that the incident, which involved three victims, could have had far more serious consequences. 

However, the incident appeared to be “out of character” and that was the only reason why the court decided to spare the accused effective imprisonment. 

He was condemned to a two-year jail term suspended for three years, a €1,050 fine and a two-year driving ban. 

He was also placed under a supervision and treatment order for two years and ordered to pay €1,065.40 in court expert expenses.

Moreover, the court ordered Cardona to compensate the victims €800, €400 and €150 respectively. 

Inspectors Clayton Camilleri and Andrew Agius Bonello prosecuted.

Lawyer David Gatt was defence counsel.