A police sergeant involved in a brawl with a delivery man following a bumper-to-bumper collision in Attard earlier in August recounted to a court on Tuesday how he was attacked by a boxer whose owner had intervened to break up the fight between the two drivers. 

With his right arm in a sling, the policeman took the witness stand at the first hearing against the other driver, Ngeanya Evise Fombeh, a 31-year-old Cameroon national who is married and has a family in Malta. He lives in Mosta.

The two had been involved in the argument that broke out when the off-duty officer was driving his personal vehicle through the streets of Attard, his 15-year-old son in the passenger seat.

He had left Triq il-Pitkali and turned to Triq il-Passolina, the car indicator light flashing all the way, when he slowed down, foot on the brake to give way to another driver. 

That was when he felt the bump that signalled the rear collision. 

“Didn’t you see the indicator? Are you stupid,” he hit out at the other driver as he approached the other vehicle on the driver’s side.

The driver, whom the witness identified as the accused, also stepped out and a scuffle ensued during which the accused pressed hard the off-duty officer’s hand causing it to snap. 

He also allegedly wrapped one arm around the victim’s neck.

That was when the off-duty officer reacted by biting the alleged aggressor’s inner arm to break free from his hold.

The argument was apparently triggered when the officer suggested they fill in the bumper-to-bumper accident form and asked the other man for his licence. 

That document appeared to be somewhat old and worn and the accused’s photo on it was hidden from view as he held the licence in his hand. 

The officer produced his own licence along with his police card, making it clear that he was a police officer. 

A third party who happened to be out walking his dog, called out to the two men who were locked in a brawl on the ground.

“Stop! Stop,” shouted the passerby.

But as the officer turned round in the direction of that voice, he saw a boxer dog leaping at him and instinctively held out his hand to stop the animal from attacking his neck.

That was when the dog bit the officer, injuring the palm of his hand which needed suturing.

He also suffered superficial injuries to his knee, foot and neck.

Somewhat perplexed, presiding Magistrate Caroline Farrugia Frendo pointed out that the court would appoint a doctor to certify those injuries. 

If the hand injury certified as grievous had been caused by the dog rather than by the accused, the court would not decree that the prosecution had produced sufficient prima facie evidence for Fombeh to stand trial on indictment.

The case would assume a whole new dimension.

“Unless you amend the charges to slight injuries - which would classify the case as one to be decided at a district hearing - I won’t pronounce a prima facie decree and the case will fail. On my conscience, I won’t,” said the magistrate. 

“I had flagged all this at the arraignment from the very start. This man is here answering to a grievous injury that was caused by a dog,” intervened defence lawyer Franco Debono.

The prosecutor sought to explain that the matter had not been clear from the start.

Meanwhile, a fresh request for bail was not objected to by the Attorney General and bail was granted against a deposit of €500, a personal guarantee of €5,000 and once weekly signing of the bail book. 

Fombeh’s wife, relatives and friends who were present for the hearing, were visibly relieved and moved upon hearing that the accused was to regain his personal freedom. 

The case continues.

Inspectors Andrew Agius Bonello and Clayton Camilleri are prosecuting. Lawyers Franco Debono and Francesca Zarb are defence counsel.