Two men cleared over Paceville club stampede that injured 74

Two men were acquitted of negligently causing injuries during a stampede at PlusOne Club in Paceville 10 years ago in which 74 people were injured.

Zach Latif, who was 18 years old at the time of the incident, and another man, who was still a minor then, were arraigned and accused of negligently causing grievous injuries to several individuals. They were further charged with breaching the public peace.

Latif alone was also accused of being in possession of pepper spray.

The case was assigned to Magistrate Donatella Frendo Dimech on February 2, 2024.

The incident took place on November 15, 2015 when around 74 people , the majority of whom youths, were injured when a glass railing gave way at the PlusOne club.

The other man, who was a 17-year-old at the time of the incident, had testified in the magisterial inquiry saying that Latif had pepper spray. Since the youth eventually ended up a co-accused in the case, his testimony could not be brought as evidence. As a co-accused, he could only testify against Latif once the case against him is finally decided.

The 17-year-old had testified that the place was overcrowded, and as they were in the middle of the club, he accidentally bumped into a foreigner. He tried to avoid a fight and began talking to the foreigner in Maltese. The man replied in another language which the accused did not recognise, and eventually a fight broke out. He then went to another club.

From the evidence it transpired that it was the then 17-year-old’s friends that told him that pepper spray had been used, but while he was in the club, no pepper spray had been used.

The court ruled that from the evidence brought forward. there was no link between the fight the then teenager was involved in, and the incident which led to a number of people sustaining injuries.

He was acquitted.

Latif told the inquiring magistrate that as they were leaving the club, he saw his friend being assaulted by another person and used the pepper spray towards the floor.

The court observed that by spraying at the floor, the man had no intention of injuring the third party, and it was justified as self-defence.

The court observed that for a person to be found guilty. a link has to be found between the action of the person and the incident, which in this case is the injuries sustained by the clubgoers.

In this case, it had to be proven that Latif used pepper spray and could not foresee that it would result in a stampede which led to several people getting injured.

From the medical reports, it emerged that, with the exception of seven individuals, the injuries sustained by the rest went beyond the effects of the use of pepper spray.

“How could Latif foresee that the use of pepper spray would lead to the collapse of the railings and so many people wounded?” the court asked.

From the evidence given by the medical expert, the injuries sustained were not directly caused by the use of pepper spray. The direct cause of the injuries sustained was due to the collapse of the railings and what led to that collapse.

The court agreed with the inquiring magistrate’s reasoning, that people inside the club panicked once they felt pepper spray. They reacted by trying to leave from the only exit out of the club that leads to the street. However, the instructions they received were late and incorrect.

The court held there was no timely action taken in such a situation where orderly evacuation was needed and the emergency exit was only opened after the railing collapsed.

Magistrate Donatella Frendo Dimech presided over the case.

Lawyer Yanica Barbara Sant appeared for Latif. Lawyers Franco Debono and Marion Camilleri appeared for the other accused.