Man cleared of assault during parking argument

A man has been cleared of seriously injuring his neighbour with a pointed instrument after a magistrate ruled that the charges brought against him had not been sufficiently proven.

Magistrate Anthony Vella cleared 58-year-old Carmel Sammut of seriously injuring Christian Cumbo with a knife in Birkirkara.

During the compilation of evidence Magistrate Vella had heard how on October 18, 2004, the police were informed that Mr Cumbo had suffered serious injuries in a Birkirkara house and had been taken to hospital.

Mr Cumbo told the police that Mr Sammut had assaulted him with a knife but, during questioning. Mr Sammut denied stabbing Mr Cumbo.

The magistrate also heard Mr Sammut explain that Mr Cumbo and his father lived across the road from his house.

On the day of the incident Mr Sammut was waiting outside his house for his daughter to arrive home.

He explained that his daughter had a disability so he was waiting for her so that he could move his car from the parking bay in front of their house to make space for his daughter.

Mr Sammut added that he placed a plastic container in the road near his car to ensure that cars parking in adjacent bays did not hit his car, as it had been hit several times before.

On the day of the incident, Mr Cumbo's father wanted to park in the parking space behind his and Mr Sammut asked him not to park too close to his car because he would not be able to drive out.

An argument broke out between Mr Sammut and Mr Cumbo's father, in the presence of Mr Cumbo.

Mr Sammut said he went into the house when suddenly Mr Cumbo walked up the stairs leading to his main door and started banging on the inner glass door.

When he banged both arms on the glass he fell through the glass, face and all.

The magistrate also heard court expert Mario Mifsud explain that the many injuries on Mr Cumbo's body were more compatible with broken glass than a knife.

On evaluating the evidence, the magistrate cleared Mr Sammut of all charges.

Police Inspector Kevin Farrugia prosecuted.

Lawyer Joseph Giglio appeared for Mr Sammut.