A 42-year-old man from Żebbuġ, Gozo, was cleared of attacking his nephew with a sickle as his alleged victim refused to testify, leaving the case without the testimony of the key witness.

Pasqualino Cefai had been charged with slightly injuring his nephew with a sickle and causing him to fear violence.

He was also charged with breaching previous court conditions.

The incident allegedly happened on January 18. The police had received a report from Cefai’s nephew that his uncle had attacked him with a sickle during an argument. However, when summoned to testify in court, the nephew refused to testify against the accused to the consternation of Magistrate Donatella Frendo Dimech, presiding over the case.

She remarked that the case involved a lot of waste of time for the police and the justice system, saying it was important that people who report matters to the police should be prepared to follow them through.

The court could not force the man to testify

The magistrate said the court could force the man to testify but could then not rely on his version of events, given his insistence not to testify in the case. Neither could it make a decision that went beyond any reasonable doubt without hearing the main witness. Whatever the court heard until then was all hearsay, reporting what had been said to other people.

In his statement, Cefai strongly denied he had attacked his nephew.

There was also an allegation that a car belonging to Cefai’s mother had been damaged during the attack but she insisted that she did not want to take action against her son.

In fact, no charges were filed in relation to the damage caused.

In view of lack of evidence, the court had no option but to clear Cefai of all charges.

Police Inspector Bernard Charles Spiteri prosecuted.

Lawyers Franco Debono and Francesca Zarb were defence counsel.

Cefai is no stranger to the criminal justice system, having been sentenced to seven years’ jail for seriously injuring Josef Portelli when he stabbed him in a Gozo courtroom.

In 2016, Cefai was jailed for an additional two years and four months over his 2014 attempt to attack a magistrate in her courtroom.