A bouncer who was filmed kicking and beating a man on New Year’s Eve in Paceville was granted bail on Wednesday after the prosecutor testified that the attack appeared to have been provoked by the alleged victim who hit the bouncer with a broken bottle.
Riald Gragjevi, a 21-year-old Albanian who works for a local security company, was arraigned earlier this month.
Video footage showed five bouncers kicking and hitting the man, later identified as Sudanese student Ahmed Adem Idriss Albarjo, as he lay motionless on the ground.
Last week the same prosecutor, Inspector Brian Xuereb, testified in proceedings against another bouncer, Ryan Zammit, giving an overview of the dynamics of the incident which started when Ahmed was denied entry at the Havana club by security guards who told him that his personal identification document was “not good.”
The alleged victim later published a video showing how he had tried to get the police to intervene in the issue he was having with the club securities.
The police told him to file a report.
However, Albarjo returned to the club and allegedly attempted to throw a glass bottle at one of the bouncers at the door.
A scuffle broke out between the bouncer, later identified as Gragjevi, and Albarjo who flung the broken bottle at the bouncer, striking him on the upper back.
Albarjo took to his heels, followed by a number of bouncers.
The savage beating took place when they caught up with Albarjo.
Riald was captured on video hitting Albarjo with a metal telescopic baton and kicking him as he lay on the ground.
On Wednesday when proceedings against Riald continued, the prosecutor presented in evidence that footage uploaded by Lovin Malta filmed by two people who the police still have to identify.
Police could not yet confirm whether that footage had been edited. However the inspector confirmed that that video corresponded to the scene of the alleged incident and the person lying on the ground was the same alleged victim.
Riald’s lawyers made a fresh request for bail which was objected to by the prosecution.
“AG lawyer Etienne Savona argued that the public interest was imperative in this case since the incident involved a security officer beating a person on the ground.”
The defence rebutted that the accused was still presumed innocent.
Moreover such an objection should have been raised against the alleged victim who was actually stopped by Gragjevi from throwing the broken glass bottle at the general public in front of Havana, argued lawyer Jessica Formosa.
The defence summoned a director from the company employing Gragjevi who offered to step in as third-party guarantor.
After hearing submissions, Magistrate Kevan Azzopardi granted bail against a deposit of €2,000, a personal guarantee of €13,000 and signing the bail book three times weekly, including at the weekend, “so that he remembers what not to do if provoked.”
He is also to observe a curfew between 9pm and 8am which means that his working hours have to reflect those conditions.
The case continues.
AG lawyers Etienne Savona and Giuliana Magro Conti together with Inspector Brian Xuereb prosecuted.
Lawyers Shazoo Ghaznavi, Charlon Gouder and Jessica Formosa are defence counsel.