A tow truck driver who allegedly hit a motorist with a metal rod during an argument was denied bail upon arraignment on Monday.

The incident took place early on Saturday morning when Leonvic Fenech, 23 from Santa Venera, was approached by the alleged victim who wanted to find out about a vehicle that was blocking his path.

Fenech told the other man that the vehicle was not his.

But the matter did not stop there and a verbal altercation ensued between the two men.

Fenech allegedly grabbed a metal bar from his tow truck and struck the alleged victim, causing him grievous injuries to the legs.

Fenech was subsequently arrested.

On Monday he was arraigned, pleading not guilty to grievously injuring the alleged victim, insulting and threatening him, wilfully breaching the public peace as well as driving in a reckless and dangerous manner.

A request for bail was objected to by the prosecution mainly because the alleged victim still has to testify.

Moreover the victim works in the same street where Fenech lives and where the incident took place, argued AG lawyer Rebekah Spiteri.

Defence lawyer Ishmael Psaila countered that the accused could take up residence at an alternative address in another locality and would willingly abide by any condition banning him from going to St Venera.

The accused had only two traffic offences on his record sheet and was no criminal who could not be trusted on the streets, he said. 

Moreover, it was the alleged victim- a kick boxer- who had approached Fenech, added the defence.

However, prosecuting Inspector Sarah Kathleen Zerafa pointed out that such a minor argument should never have escalated to such an extent.

The accused had grabbed a metal bar and after the argument, got into his truck and reversed towards the alleged victim.

No matter what sport he practised, the alleged victim had suffered grievous injuries, argued the inspector, noting further that there were also other eyewitnesses who were still to testify.

The other defence lawyer, Roberto Spiteri, argued that a protection order could strike a fair balance between the rights of the accused and the concerns of the victim.

Magistrate Nadine Lia turned down the request for bail, observing that the alleged victim had to testify without fear risk of tampering, especially since the charges concerned grievous injuries.

The court, observing that the prosecution had stated that it would not object to bail once the victim had testified, urged the prosecution to summon the victim to the first hearing.

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