A man involved in a road-rage incident with an off-duty policeman in 2017, was spared 250 hours of community service when his case was heard again after his sentence was quashed over a procedural defect.

Angelo Attard, 45 of Vittoriosa, was arrested in January 2017 following his violent clash with a plainclothes officer just outside the St Julian’s tunnels.

Attard’s dangerous manoevres at the wheel of his Volkswagen had been noticed by the off-duty officer who was out shopping with his girlfriend that day.

When the officer flagged him down, Attard allegedly got out of his car and punched the officer in the face.

He was subsequently accused of assaulting and injuring the officer, as well as dangerous driving and recidivism.

A year into the criminal proceedings, Attard registered an admission to all the charges except for that of violently resisting the public officer.

He was placed under a community service order for 250 hours, with the Magistrates’ court stating that such a sentence would best serve the interests of society.

The Attorney General appealed, arguing that punishment was too lenient and that the first court ought to have imposed a driving ban on the accused.

The court of criminal appeal observed that Attard had registered an admission because the prosecution had withdrawn the charge concerning the assault against the public officer.

But at that stage of the proceedings, the prosecuting officer could not withdraw any charge since the matter was in the Attorney General’s hands. The procedural error meant that the accused’s admission could not be deemed as “unreserved,” and gave rise to uncertainty, the appeals court said, thus concluding that the judgment was null.

The case was sent back to the Magistrates’ Court to be heard again.

When delivering judgment the court, now presided by magistrate Caroline Farrugia Frendo, concluded that the second charge - the same one withdrawn before the first magistrate - was not proved.

After noting that the parties had reached an amicable agreement and that the victim had consequently dropped his criminal complaint, the court conditionally discharged Attard for three years.

The court ordered the accused to pay €1506.40 in court expert expenses and to settle that bill within one month.

Lawyers Franco Debono and Marion Camilleri were defence counsel.