Teenagers admit assaulting 14-year-old boy

Two teenagers who were arraigned in court last month over the beating of a 14-year-old boy in Sliema pleaded guilty on Wednesday morning, while proceedings continued against another three accused.

The five were accused of injuring a minor, being involved in an accidental affray in which the victim sustained grievous injuries and breaching the public peace. The incident took place in January.

Two 15-year-olds from Msida and Qormi, identified as 'AB' and 'IJ' respectively, 16-year-old twins from Qormi, identified as 'CD' and 'EF', and an 18-year-old Marsascala man, identified as 'GH', all Maltese nationals had initially pleaded not guilty.

But before the sitting got underway on Wednesday morning, CD and EF through their lawyer Charles Mercieca pleaded guilty. 

Proceedings then continued against AB, IJ and GH, who are denying the charges.

The alleged victim, QR, who testified via video link, said that he met his friends at around 7pm and they went to eat at McDonald’s. They walked to Tigné Point, meeting some friends on the way.

When they got to Tigné Point, KL caught the attention of QR’s friends, with the alleged victim saying that KL looked “sad” and “all alone”. QR said he went up to KL asking “You ok bro?” to which KL replied “go away”.

QR responded with “can I have a fist bump?” to which KL loudly responded with “go away, go away”.

QR said he did not think much of KL’s reaction and he thought he was in a “bad mood or something”.

They walked away and a few minutes later they saw a group coming at them. QR’s friends identified as OP, ST and UV fled, as the group that came with KL encircled the alleged victim. OP later told QR that one of the group had asked “is this the one?”

QR said he was punched in the face, before receiving more blows. He fell to the ground and eventually lost consciousness.

Asked if he tripped, the boy said: “I think someone kicked my leg, I did not trip, but I cannot say for certain.”

When he regained consciousness, he found people trying to help him up. Someone offered him water and OP called the police and an ambulance as well as their parents. He was eventually helped into the ambulance, with the witness adding that he was dizzy and unaware of what was happening around him.

He could not open his right eye and felt pain in his ribs. He could not feel his lip.

Asked if he still suffered from any repercussions following the incident, the boy said he had a scar on his lip. While in hospital he was seen by several professionals including a dentist, ophthalmologist, among others. It transpired that two of his upper teeth were chipped and he felt a stinging sensation when biting into food. 

The boy ended up missing three weeks of school, with the witness telling the court that he tried going back on three occasions but was sent home because he was in pain. As a result, he missed on his SBAs.

Following the incident, an ophthalmologist suggested that he should not do any contact sports, with the witness telling the court he was going to start kickboxing but the medical specialist warned him against, saying it was risky and if hit, he risked going blind.  He is scheduled to undergo an MRI scan in the coming days.

Asked about his ribs, the boy said that they seem inflamed and are “protruding”.

The boy did not recognise any of the accused in court.

When shown the footage of the incident, he recognised himself and his friend, OP.

Under cross-examination, lawyer Leslie Cuschieri asked the witness why he did not run away like his friends had done, with the witness saying that he saw no need.

Asked whether there was a verbal exchange before the assault, the witness said that he also told group: “I just gave your friend a fist bump, why is everyone here?”

QR said OP was not assaulted.

Lawyer Mario Mifsud asked the alleged victim about the jokes shared while walking around Tigné Point, asking whether they were laughing all the time, to which QR replied in the affirmative.

The lawyer pressed QR as to why they approached someone who was on his phone.

“My friends caught sight of him and he was alone. I wanted to see if he was ok,” the witness said.

“Why did you go to a child who did not ask for help? Is it normal that you go looking out for someone who is alone?” the lawyer asked, to which the witness said 'yes', adding that they greeted people they did not know and were friendly with them.

“If I see someone who is sad, I would check if they are ok,” the witness said.

The lawyer asked how they approached KL, to which QR explained that he was at the front of the group and his friends stood behind him.

Following suggestions that they had made fun of KL, who was short, “chubby” and “dark-skinned”, the witness insisted that they were sharing jokes among themselves and they were not making fun of KL.

The witness said it was “normal” for him to ask for a fist bump.

He trying to impress his friends by requesting a fist bump from KL.

KL, the 13-year-old boy, also testified on Wednesday.

Magistrate Kevan Azzopardi, presiding, informed the boy that he cannot be prosecuted.

The boy explained that it was a Saturday, he was with a friend at a coffee place when this group of youths, which he said was “the person who got beaten up and his friends” came by and were laughing at him.

“I asked them ‘what’s up?’ and they continued laughing,” the boy said, adding that they left and then returned with one of them trying to give him a fist bump.

KL said that QR – without identifying as such – kept laughing, as he asked him what he wanted. One of the group told him to sit down.

As they left, KL said he tried calling his brother, who did not pick up. By then his friend had returned and they walked away, and came across his brother’s friends. They asked what was up and he explained that some people had laughed at him.

They went to look for QR after his brother’s friends told him “show us who he is”.

When the aggression ensued, KL punched QR and kicked him.

At this point, the court asked him whether he was aware that he was in the wrong, to which he replied in the affirmative.

KL said they were about ten individuals. Not all of them hit QR, but he identified some who did.

He said he left mid-fight and met IJ on the way.

KL insisted that QR approached him twice before the altercation.

When asked if he was recognising any of the three remaining accused, he only recognised IJ and AB, saying that he did not think GH was at the scene that night.

Asked about what he had seen AB doing, the witness said he did not recall and that there were a lot of people.

At that point the prosecution highlighted that KL feared AB and his family, prompting the court to remind him that he was testifying under oath.

KL insisted he was saying the truth.

The witness recalled that it was either CD or EF who hit QR first and that they had gone looking for him, saying his brother’s friends wanted to “speak” to and “fight” QR.

Following his testimony, the court warned KL against such behaviour telling him that while he could not be held criminally responsible as yet, he would if he persisted with such behaviour in the future.

The boy said that if he had to see the victim today, he would apologise but if he had to see him in Sliema he would avoid him. He acknowledged that perhaps he did the worst, followed by his friends, but argued that even the victim and his friends did not do good when they laughed at him.

“In life, you will come across many things, and god forbid you beat someone to a pulp for laughing at you,” the magistrate said, before addressing the boy’s father telling him to take care of his son and seek the necessary help if they could not manage him.

QR’s friend, OP, also testified.

He explained that they were walking around Tigné Point when they spotted a boy who gave them a “bad look” as though “he had a grudge against us”. QR went to give him a fist bump and they left as he barked “go away” at them.

XY reportedly told the witness that KL had called someone up. Some ten minutes later the altercation ensued.

Lawyer Mario Mifsud asked the court to record that OP was behaving like a “hostile” witness, with the defence noting that he was not being clear when answering the questions posed.

Police inspector Wayne Camilleri also testified on Thursday. From his testimony it emerged that GH was the most cooperative of all the accused. GH told the police that both AB and MN had an active role, with MN beating the victim while QR was laying on the ground. This has been captured on CCTV footage.

MN’s statement was taken but he refused to cooperate.

Camilleri explained that MN could not be arraigned and the statement was taken in the presence of the boy’s mother and child protective services.

Magistrate Kevan Azzopardi presided. AG lawyer Justine Brincat prosecuted, assisted by police inspectors Wayne Camilleri and Elton Buckingham. Lawyers Mario Mifsud and Nicholas Mifsud appeared for AB. Lawyers Charles Mercieca and Matthew Xuereb, along with legal procurator Sandro Camilleri, appeared for the twins CD and EF. Legal aid lawyer Ingrid Zammit Young appeared for the 18-year-old Marsascala man, GH. Lawyer Leslie Cuschieri appeared for IJ. Lawyers Arthur Azzopardi and Jacob Magri appeared parte civile.