A man accused of punching a driver in the face during a clash in Vittoriosa seven years ago was cleared of all criminal liability after sharply contrasting evidence tipped the balance in his favour. 

Marflene Cricchiola, 36, was a passenger in a red Honda driven by his partner along Pacifico Scicluna Street on that March 8 afternoon when the two came across a Mercedes vehicle blocking their path. 

The court heard how his partner had sounded the horn so that the Mercedes driver moves out of the way. 

He did so, driving slightly ahead but not enough to give the Honda driver enough space to manoeuvre past, prompting her to honk her horn again. 

But that appeared to irritate the Mercedes driver who slammed his hands on the steering wheel, shouting angrily. 

As the Honda drove past on its way, the other driver reversed his Mercedes. In doing so, he had a close brush with a third vehicle driven by Cricchiola’s father. 

An argument broke out and the Mercedes driver ended up with a five-centimetre cut on the forehead, bleeding lip and gums, as well as three dislocated teeth.

The man needed sutures as well as dental treatment on account of those injuries and ended up spending one month away from work after that violent clash. 

Charges were issued against Cricchiola for allegedly punching the victim, causing him grievous injuries as well as breaching the peace. 

The victim testified how the Honda driver had hooted impatiently as he tried to explain that there was no exit ahead because of roadworks at the time. 

He manoeuvred his car to let the Honda driver go past, but when reversing back to his previous position the accused’s father drove up in a Toyota Vitz and shouted, “we want to drive through, there are two of us.”

“Then flash your indicator,” the victim allegedly shouted back.

That was when the accused suddenly approached him as he sat inside his own vehicle and punched him straight in the face. 

Cricchiola gave a different version, saying that when they sounded the horn for the other driver to move out of the way, he reacted angrily, shouting and swearing as he got out of his Mercedes.

The accused also claimed that he saw the victim take “something” out of his vehicle before walking up to his father, who had gotten out of his own car to check whether the Toyota had suffered any damage when the victim reversed. 

Cricchiola insisted that he had only stepped in to break up the heated argument that ensued between the Mercedes driver and his own father, pushing both men forcefully apart. 

'Clear conflict of interest'

Female relatives of the accused and the victim also testified as eyewitnesses.

However, when all was considered the court, presided over by magistrate Claire Stafrace Zammit, observed that two contrasting versions emerged, indicating a “clear conflict” of evidence.

The version of the alleged victim was not deemed trustworthy as he had come across as rather inconsistent when facing cross-examination by the defence lawyer. 

After evaluating such “sharp conflict” the court was not convinced that the accused was to be found guilty since “his behaviour was not proved to have been unlawful.”

And since in criminal matters the “slightest doubt” went in favour of the accused, the court pronounced an acquittal. 

Lawyers Franco Debono and Marion Camilleri were defence counsels.