Two men cleared for a second time

A Bosnian and a Croat will finally be able to go home after a magistrate yesterday cleared them of their involvement in the mayhem that broke out during last month's football match between Malta and Croatia.

Bosnian Edis Zjajo and Croatian Goran Vete nodded in discrete approval when they heard Magistrate Saviour Demicoli read out a judgment clearing them of all charges on the grounds that evidence brought against them did not prove their guilt beyond reasonable doubt.

This was the second time that Mr Zjajo and Mr Vete have been cleared of the charges brought against them. Their first acquittal had been contested by the Attorney General.

On September 27 Magistrate Giovanni Grixti cleared the two men of all charges ruling that the case had not been proven to the prima facie level required by law.

Magistrate Grixti had ruled that, in light of "very strong conflicting evidence", the case was clearly one of mistaken identity.

But on October 11, the Attorney General issued a warrant of arrest against the two men for the criminal proceedings to continue despite the magistrate's decision. The AG was of the opinion that there were sufficient grounds for Mr Zjajo and Mr Vete to be indicted.

Consequently the case was sent back before Magistrate Grixti who, as allowed by law, abstained from taking further cognisance of the case - which was then appointed to be continued before Magistrate Demicoli.

After evaluating the evidence brought forward by the prosecution and all court documents Magistrate Demicoli heard Mr Zjajo and Mr Vete insist that they were not involved in the mayhem.

The two men also exhibited several visual recordings of the incident taken by Mr Zjajo, who had come to Malta on holiday with his girlfriend. The recording showed Mr Vete a distance from the offending crowd, showing signs of disapproval.

Magistrate Demicoli ruled that, in light of the circumstances of the case and the evidence brought forward, he was of the opinion that the charges had not been proven to the level beyond reasonable doubt.

There emerged serious doubts as to the men's guilt and, as according to law, any doubts were to go in favour of the accused. For this reason the magistrate declared Mr Zjajo and Mr Vete not guilty.

At the end of the sitting Police Inspector Silvio Valletta, prosecuting, requested the court to withdraw the passports of the two men from the court proceedings.

The magistrate upheld the request and the passports were handed over to Mr Zjajo and Mr Vete.

Lawyers Malcolm Mifsud and Cedric Mifsud appeared for the two men.