Two men accused of assaulting two brothers in a late-night fight at Marsa, leaving one of the victims in his underwear howling in pain, were cleared of all criminal responsibility. 

Francis Farrugia, 36, and Dylan Mifsud, 26, had been identified by the alleged victims as the suspects who had assaulted them when one of the brothers mistakenly drove into a blind alley late that November night in 2018.

During criminal proceedings against the two suspect aggressors, various police officers who witnessed the aftermath of the alleged attack recalled the scene at Triq is-Serkin.

An injured man lay on the ground in his underwear, crying out in pain while RIU officers and a team of paramedics handled the emergency. 

Another blood-splattered man told the officers how he and his brother had been attacked by a “bald man” when they found themselves in the dead-end street.

The Tata vehicle driven by one of the alleged victims had crashed into two parked cars, a Toyota and a Kia model that was smeared with blood. 

Pieces of broken stones were scattered on the ground, clothes were strewn across the roof of the Toyota Vitz and a single Puma shoe lay on the ground nearby. 

A matching shoe was spotted further up the road.

One of the brothers was later certified as having suffered a cut on the head, facial bruising and a fractured facial bone.

The other had bruising on his chest and abdomen as well as a dislocated knee that needed orthopaedic treatment. 

Yet the brothers’ version differed from that supplied by the alleged aggressors, one of whom was singled out at the crime scene while the other was seen entering a nearby private residence.

Mifsud told police that Farrugia had been set upon by two strangers, the alleged victims, with fists and stones and that he had stepped in to stop the attack.

He also pointed out that the CCTV cameras at the entry to the alley were not functioning that night. 

Faced with those conflicting versions and since both alleged victims chose not to testify, the court observed that the prosecution had failed to prove its case beyond reasonable doubt.

Most of those who testified were police officers who had not witnessed the fight and, therefore, could not shed light upon what actually happened, nor explain how the brothers suffered injuries. 

Nor did the evidence shed light upon how the victim’s car had been damaged or whether third parties had feared for their safety.

This led the court, presided over by magistrate Simone Grech, to pronounce an acquittal. 

Lawyer Lucio Sciriha was defence counsel. 

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