Woman, 18, denied bail after slashing girl's face, grievously injuring her

Accused's eight-month-old baby was in car with friend during fight

An 18-year-old woman who pleaded not guilty to slashing the face of a 17-year-old girl with a weapon was remanded in custody on Thursday.

Police inspector Ylenia Xerri explained that on March 1, Aaliyah Borg went to Birkirkara Police Station claiming that she was involved in a fight with other individuals, and wanted protection against them.

The police directed her to file a report, but she did not want to at the time, and they sent her to a health centre to certify her injuries.

Some 20 minutes later, the Birkirkara police were informed that a 17-year-old was admitted to Mater Dei Hospital with facial injuries that were later certified as grievous. An inquiry was launched into the case.

The alleged victim did not know where the altercation took place, but the police found blood on Triq Kalċidon Gatt, at the corner with Triq Paris.

Borg returned to the police some days later to file a report. However, she was informed that there was an arrest warrant against her and did not file a report. She was granted police bail.

The police analysed CCTV footage which showed a vehicle, being driven by Kenley Borg, from which Aaliyah Borg and Liam Agius emerged before a fight. The pair returned to the car after the fight, and Kenley Borg drove away.

The police requested a new arrest warrant after it was established that Aaliyah Borg and the alleged victim lived very close to each other.

From questions from the defence lawyers, it emerged that the CCTV footage captured a fight between a group of men, while the fight involving the women was not caught on film. None of the men involved wanted to file a police report or take criminal action.

In the case of the alleged victim, the girl sustained facial injuries which are deemed grievous and could also be permanent.

In court, Aaliyah Borg was accused of causing grievous injuries to the 17-year-old using a weapon. She was further accused of insulting and threatening the alleged victim, and carrying a knife in public without a valid licence.

She denied the charges.

20-year-old Kenley Borg, a gaming employee from Qormi, and Liam Agius, a 25-year-old from Siġġiewi, were meanwhile accused of complicity in causing grievous injuries to the minor.

Kenley Borg alone was accused of driving a vehicle without a licence and of recidivism.

While Liam Agius alone was accused of committing a crime during the operative period of a suspended sentence.

They also denied the charges.

The defence made a request for bail, to which the prosecution objected.

In the case of each accused, the parents took the stand and testified that they were willing to step in as guarantors and that the accused would be living at their respective addresses.

Prosecutor Etienne Savona explained that the alleged victim and Aaliyah Borg live very near to each other.

He highlighted that the alleged victim has not yet testified in the inquiry and neither in these proceedings, and that the victim sustained injuries which may impair her speech.

Prosecutor Julia Micallef Stafrace raised doubts about the trustworthiness of Kenley Borg and Liam Agius.

Lawyer José Herrera countered that his client’s previous conviction concerns a traffic case. The lawyer insisted his client is still young and has a stable job. Moreover, his parents were willing to step in.

“I cannot understand what society will gain if he is sent to prison and loses his job,” Herrera said, adding that there was also the possibility that the alleged victim does not testify in the proceedings in view of the fact that criminal action could also be taken against her.

Lawyer Franco Debono said his 18-year-old client has no previous convictions and works at Mater Dei Hospital. He insisted that his client was “assaulted”, “beaten up” and “her hearing aid was torn away for no reason”.

“This is a classic case of self-defence,” Debono insisted, adding that Aaliyah Borg has an eight-month-old child.

“… Who was in the car during the fight,” Micallef Stafrace interjected.

Debono provided the address of his client’s grandmother, as he highlighted that the incident happened on March 1, and any tampering could have already happened.

Lawyer Matthew Xuereb insisted that in the case of his client, the evidence is preserved on CCTV footage, which the police already have. He added that the court could also prohibit his client from approaching Birkirkara.

After hearing the submissions on the bail request, and after taking into consideration the circumstances of the case, which involved violence using a weapon, the court denied the three bail.

Upon hearing this, Aaliyah Borg’s mother fell ill. Everyone was ordered out of the courtroom. The woman, who was initially assisted by Net journalist Chayenne Riolo, who is a nurse by professio, was taken away by paramedics.

The court deplored the behaviour of lawyers who left the courtroom mid-sitting and did not stay until the end.

It deplored in an absolute manner lawyer Franco Debono’s behaviour in view of a declaration which he made in open court, and which the court deemed amounted to contempt of court, in facie curiae.

“As a defence lawyer and court official, the lawyer should have known that the court is doing its work,” Magistrate Elaine Rizzo dictated in her note.

Debono returned to the court hall once the arraignment was over to explain himself, but the court informed him that the case was over and it was presiding over a different arraignment.

Magistrate Elaine Rizzo presided.

AG lawyers Etienne Savona and Julia Micallef Stafrace prosecuted, assisted by police inspector Ylenia Xerri.

Lawyers José Herrera and Naomi Spiteri appeared for Kenley Borg.

Lawyers Franco Debono and Charles Mercieca appeared for Aaliyah Borg.

Lawyers Axl Camilleri and Matthew Xuereb appeared for Agius.

When Debono returned to the court hall, he explained he had left before the court handed down its decision as he was making sure the woman who was taken ill was being cared for.

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