A man who was left in legal limbo after a series of procedural errors in proceedings where he was charged of injuring another man in a Marsa bar brawl, was discharged when his case was heard again. 

Deniro Magri had been arraigned last August following a violent episode during which he allegedly slightly injured a barman using a sharp object instrument, wilfully damaged third party property, breached court orders as well as a number of contraventions. 

His alleged victim chose not to testify for fear of self-incrimination. 

A magistrate’s court had concluded that the evidence presented by prosecutors did not satisfy the degree of proof required for Magri to stand trial. But the decree did not state whether Magri was to be discharged, or whether the case records were to be returned to the attorney general’s office. 

The procedural irregularity was spotted by a court registrar two months later, prompting the attorney general to seek to have Magri re-arrested. 

But when the matter landed before the Criminal Court, Madam Justice Edwina Grima threw out the request, pointing out that the court could not fix the procedural defects made by the other court as well as the attorney general’s office.

The case was brought back before the magistrate’s court after the attorney general filed an application to that effect. 

Once again, the alleged victim refused to testify. A woman who had allegedly called the police to alert them about the fight denied knowledge of the incident when she was summoned to testify. 

She did not personally witness the incident, the court was told.

A third party who was the registered owner of the bar, likewise provided little help, insisting that he simply held the licence but did not run the place.

As for the damage allegedly caused by Magri when he smashed a glass door, the witness insisted that he had not suffered any damages and had not been present when the fight broke out. 

The prosecuting officer’s testimony was based on what the victim had told police, about how Magri had allegedly shouted at and assaulted him, throwing a chair in his direction, threatening him with a hatchet and damaging the bar door.

After hearing those testimonies the court, presided over by magistrate Nadine Lia, decreed that there was not sufficient prima facie evidence and thus the accused did not have a case to answer. 

Lawyers Giannella de Marco and Franco Debono were defence counsel.

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