Two men who were arrested during a fight in Hamrun on Tuesday, were denied bail upon arraignment on Thursday, despite the defence claiming that the proceedings were null since no criminal complaint had been filed by any alleged victim.

The fight broke out in broad daylight in a street close to Hamrun police station. Prosecuting Inspector Sarah Kathleen Zerafa said that aspolicemen intervened they saw two men, later identified as Syrian brothers Saoud Mahmoud, 41, from Hamrun and Naief Mahmoud, 37, from Pieta’ hitting another man with a piece of wood.

The pair were arrested.

One of them, Saoud, put up a struggle as the officers tried to bundle him into the police car and bit one of the policemen while he was being handcuffed, the inspector told the court.

Saoud was charged with slightly injuring another man and the police sergeant, violently resisting arrest, insulting and threatening the public officer and refusing to obey legitimate police orders.

Naief was separately charged with slightly injuring two civilians and refusing to obey legitimate orders.

Both were charged with uttering foul words in public and breaching the public peace.

Both pleaded not guilty.

Veteran lawyer, Godfrey Gauci Maistre, was summoned by the defence to testify about the brothers’ character, confirming that at the time of the incident the two brothers had been carrying out restoration works at his Hamrun property.

He said he knew both accused for ten or more years, although he knew Saoud better.

The witness vouched for the brothers’ diligence at work, describing them as “honest people” who always “kept their word” without any problem.

Saoud’s Maltese partner had called the lawyer while at the scene of the brawl.

But although the suspect sought his legal assistance, he was denied that right, said Gauci Maistre.

The accused’s partner testified next, explaining that she had been in a relationship with Saoud for over two years.

He had been in Malta for over 18 years and never had any trouble.

She described her partner as “a pacifier” who always intervened to calm down arguments between third parties and was also the “pacifist” whenever the couple rowed.

A request for bail was strongly objected to by the prosecutor in light of the nature of the charges and the injuries caused to the police officer who had witnessed the aggression allegedly committed by the accused.

The brothers had kept up the aggression even when police intervened. It all happened in broad daylight and any passer by could have got caught in the brawl which escalated.

Moreover police investigations were still ongoing and other persons were currently arrested while police did not exclude further arrests.

Certain persons seen on CCTV footage from the incident scene were still to be identified.

The defence strongly rebutted those objections.

Saoud cooperated with police, was a home owner in Malta and had a regular job. Moreover, if the alleged victims were to face charges in the near future, they would likely opt not to testify against the Mahmoud brothers to avoid possible self-incrimination, argued lawyer Matthew Xuereb.

These were minimal charges, some contraventional in nature, and certain witnesses were “hypothetical,” continued lawyer Jose’ Herrera, deploring the fact that nowadays, the accused are “presumed guilty rather than innocent.”

This was resulting in many people ending up in jail under preventive custody, he said.  “If they’re not granted bail in this case, I don’t know when they will!” remarked Herrera.

“Public peace must remain so..Such behaviour is not on,” stressed Inspector Sarah Kathleen Zerafa.

Magistrate Giannella Camilleri Busuttil turned down the request for bail in respect of both accused in view of the serious nature of the charges, the fact that investigations were still ongoing and alleged victims, as well as civilian witnesses were still to testify.

The court issued a protection order in respect of the alleged victims and urged the prosecution to summon civilian witnesses at the next hearing.

Inspector Sarah Kathleen Zerafa prosecuted.

Lawyers Jose’ Herrera and Matthew Xuereb were defence counsel. Lawyers Arthur Azzopardi and Jacob Magri appeared parte civile.