Two fireworks licence holders have been cleared of all criminal responsibility for injuries suffered by two teenage boys who had come across unused fireworks in a Munxar field.

Jason Mifsud, 44, and Joseph Aquilina, 49, were targeted by criminal prosecution following the incident in August 2015, pleading not guilty to involuntary bodily harm caused through carelessness or failure to observe regulations on their part.

Since the alleged harm had been caused by explosive material, the men risked a higher punishment.

They were also charged with breaching fireworks regulations. 

One of the teenagers, who was 13 at the time, ended up with burns on his face and other parts of his body, missing fingers and also suffered trauma to his hearing.

His friend, who was well-acquainted with feast celebrations and knew the exact spot where fireworks were let off, suffered slight injuries. 

During testimony in court it emerged that one week before the incident, a friend of the victims had opened up an unused firework, known as berqa, letting off a whitish flame. 

“Everyone must understand that whoever plays with fire gets burnt,” remarked magistrate Joseph Mifsud when handing down judgment on Thursday. 

On the other hand, feast organisers were to make sure that such events did not result in injuries or damage to third party property, taking all necessary precautions, “beyond whatever the law said”.

Any shortcomings by third parties engaged by feast organisers were to be shouldered likewise by those organising such popular events. 

After hearing some 31 witnesses, the court concluded that the prosecution had failed to prove the link between the accused and the incident, as well as the explosive material.

It also failed to prove that the incident was foreseeable and could have been avoided.

Charges had been pinned upon the accused simply because they held a licence to set off fireworks, without proving whether the explosive material found by the teens belonged to the Sannat or Munxar feast organisers, observed the magistrate.

Nor had it been proven that the accused had not done all that was expected of them when handling fireworks in terms of their licence, said the court, pronouncing an acquittal.

Magistrate Mifsud appealed for an educational campaign to ensure that no one faced an experience such as that endured by the victims, emphasising the role of schools and media to this end. 

Lawyers Alfred Abela, Renè Darmanin and Joshua Grech assisted Mifsud. Lawyers Michael and Lucio Sciriha assisted Aquilina.