Cleared of injuring Msida shopowner

A Tunisian man was yesterday given a six-month jail term suspended for a year for being in Malta illegally but was cleared of assaulting and injuring an Msida shopowner last week on lack of evidence.

Safi Mouldi Ben Mustafa, 35, was cleared of assaulting and slightly injuring Emmanuel Cuschieri, 25, of Msida, and of breaching the peace in Msida on May 22 at about 1 a.m.

The prosecution called Cuschieri to testify against Mustafa but, after consulting with his lawyer, Cuschieri chose not to testify. He is facing charges in connection with the same incident.

Cuschieri is pleading not guilty to assaulting and disfiguring Mustafa by slashing his neck with a pointed instrument, slightly injuring him, keeping and carrying a pointed instrument without a licence and breaching the peace.

After hearing the prosecution declare it had no more evidence Magistrate Abigail Lofaro ruled that, apart from the charge that Mustafa was in Malta without leave by the immigration authorities, the other charges brought against him had not been proven.

Handing down judgment, the magistrate noted that Mustafa had cooperated with the police in their investigations and that he had a clean criminal record. She ruled that a suspended sentence was appropriate and ordered his removal from Malta.

Police Inspectors Michael Mallia, Stephen Gatt and Neville Xuereb are prosecuting.

Dr Frank Cassar appeared for Mustafa and Dr Anglu Farrugia is appearing for Cuschieri.