A man who ended up in a violent scuffle with a murder suspect in whose case he was about to testify, was cleared upon evidence showing that he had acted in legitimate self-defence.

Aaron Cassar was accused of grievously injuring Deniro Magri in January of 2018, minutes before he was due to testify in the murder compilation proceedings against Magri. The two men had met metres away from the law courts on Republic Street in Valletta.

Magri is currently facing prosecution over the alleged murder of 25-year-old Sylvester Farrugia who was shot dead in Marsa in February 2017, following an attempted arson attack at Magri’s home. 

Cassar stands accused as an accomplice in that attack, while Magri is pleading self-defense. 

Following the violent scuffle, Cassar ended up facing separate charges for grievously injuring Magri, breaching bail, breaching peace as well as relapsing. 

Magri claimed that Cassar had walked up to him, muttering that, “he had not yet got away with it.” 

That was when the argument broke out, allegedly landing Magri with a fractured ankle.

Magri was also prosecuted over the incident and was acquitted of slightly injuring Cassar who, in turn, pleaded legitimate self-defence, insisting that it was Magri who had started the fight. 

The court, presided over by magistrate Audrey Demicoli, observed that CCTV footage corroborated Cassar’s version which was “closer to the truth.”

In fact, that footage showed Magri approaching the accused and throwing a punch. 

Cassar had reacted to “a real and instantaneous aggression, in a proportionate manner,” the court observed.

The breaches of bail and peace had not been proven, since there was no evidence that the street fight had caused third parties to fear for their safety, said the court, thus also clearing the accused of relapsing.

Lawyer Arthur Azzopardi was defence counsel.

Inspectors Keith Arnaud and Jeffrey Scicluna prosecuted.

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