A man who ten years ago ended up with a knife stuck in his back following a violent argument in Valletta was acting in legitimate self-defence when he punched his aggressor on the face, a court declared on Wednesday.
The incident, in July 2013, occurred when a group of youths were returning to their car near the Hotel Excelsior after a night out at a wine festival and a stop at the Monalisa Bar.
Adam Cini, then 24, and his four friends stopped to admire a yellow motorcycle parked below street level.
As they looked down, a man shouted, “ok?”
When the youths lingered, the man who lived in a place down below the promenade told them to move on.
Cini shouted back, saying that the stranger had no right to order them about since they were doing nothing wrong.
A foul-mouthed argument followed and the man, Giovanni Farrugia, challenged Cini to a face-off.
As the group of friends were about to leave, they heard shouting and Cini spotted the man heading towards him, holding a knife.
Farrugia insisted that Cini should apologize for his foul insults but the youth refused and the situation escalated when the elder man brandished the knife in Cini’s face.
The youth reacted by grabbing Farrugia’s knife-wielding hand with his left hand whilst using his free arm to punch his aggressor in the face, as one of his friends also stepped in, trying to remove the knife.
Meanwhile, another man who was living with Farrugia at the time and who witnessed the incident, suddenly disappeared and came back with a saw with which he threatened the youths unless they let go of his friend.
That was when Cini let go and turned to walk away.
Suddenly, Farrugia stabbed him in the back.
Police who were alerted to the commotion found Cini seated on a low wall in great pain, the knife blade jutting out of his back as his friends huddled around him.
He was rushed to hospital in critical condition.
Following the incident, Cini was charged with grievously injuring Farrugia who suffered a cut on the face that needed suturing and could leave a scar.
When testifying against Cini, Farrugia said that he wanted to drop charges against the youth whom he had since forgiven.
Cini’s friends testified, all confirming their original version at the police headquarters after the incident.
They had been kept apart until spoken to by the police, but their versions matched and were consistent, corroborating Cini’s version.
When all testimonies and other evidence were considered the court, presided over by Magistrate Kevan Azzopardi, said that there was no doubt about the veracity of Cini’s version.
That account was also compatible with the wounds he had suffered on his right hand as he tried to wrest the weapon out of Farrugia’s hand.
Farrugia had been very aggressive.
Cini’s lawyers argued that he had acted in legitimate self-defence.
“The right to legitimate self-defence is a natural consequence of every person’s right to defend himself from some aggression or harm even through the use of force,” observed the court.
For the plea of self-defence to succeed in court, the danger posed had to be unjust, grave and inevitable. When assessing the situation, one had to consider the accused’s position at the time, taking into consideration his physical and mental state.
In this case, the court said it was morally convinced that Cini was going about his own business, not bothering anyone.
It was Farrugia who started it all, going after the youth with a knife and later stabbing him in the back after Cini had let go.
Cini was in danger of dying as a result of that stabbing.
He had wanted to defend himself as he punched Farrugia, and his actions were justified in the light of the present, sudden and absolute danger he faced, said the Magistrate, pronouncing an acquittal.
Lawyers Edward Gatt and Mark Vassallo were defence counsel.
Farrugia was separately convicted five years ago of causing grievous injuries and sentenced to five years imprisonment which on appeal were reduced to two years.