The considerable time that has passed since a 2006 assault on a lawyer, which left him with a permanent disability, was one of the reasons why the court of appeal sliced a year off a man’s four-year jail term.

Mr Justice Giovanni Grixti said he was also reducing the prison sentence because the first court could have never found him guilty of exercising a pretended right since this had not been proven. 

Philip Camilleri, 39, from Marsa, had originally been arraigned with his father, also named Philip, who died a month after the incident after being run over by a truck. The assault happened over an €11,600 schedule of deposit over a separate case. 

Mr Camilleri had been jailed for four years over the assault, that left  lawyer Tonio Azzopardi with a perforated eardrum and a permanent disability of 21.6 per cent. 

The incident took place on July 3 at 5.30pm. He was also found guilty of stealing €2,300, exercising a presumed right over his property and causing damage at his office.

The court heard how Dr Azzopardi was legal counsel to Joyce Camilleri, the wife and mother of the accused, in a civil case that he had won at the beginning of 2006. 

At the end of the court case the Camilleris were to withdraw a schedule of deposit they had deposited in court. They later learnt that it had been in Dr Azzopardi's control and so they went to his office to demand the money once it belonged to them.

An argument broke out and Dr Azzopardi was assaulted by the father and son. Dr Azzopardi told the court that on the day in question he was inside his office with a few clients when someone knocked at the door and, when he opened, two men barged into the office and hit him repeatedly, mostly with blows to his head. 

He said that as soon as he opened the door, the youngest of the two started shouting and beat him until he fell to the ground. Even when he was grounded, the man continued to hit him and kick him especially in his head.

Mr Justice Grixti upheld one of the grounds of appeal that Mr Camilleri could not have been found guilty of exercising a pretended right since this had not been proven and, after considering the considerable time that has passed since the incident, reduced the jail term to three years. 

Lawyers Veronique Dalli and Edward Gatt appeared for Mr Camilleri.