Man cleared of attempted murder in Paceville fight

A 23-year-old man was yesterday cleared of attempted murder but found guilty of stabbing and seriously injuring a young man when he overstepped the limits of self-defence because he was scared.

A jury found Johann Montfort not guilty, by eight votes to one, of trying to kill Joseph Digby, 22, who was 18 at the time, on June 24, 2006.

Jurors in his trial, presided by Mr Justice Michael Mallia, instead found him guilty, by the same count, of seriously injuring Mr Digby in an action they deemed excusable by the fact that he acted in excessive self-defence because he was frightened.

Mr Montfort was also found guilty, by seven votes against two, of the illegal possession of a flick knife for which he was given a one-month jail term after the court noted that he had previously been convicted for the illegal possession of a harpoon.

According to the law, when a crime is excusable by excessive self-defence due to fear, there is a declaration of guilt but no punishment is handed down for that action.

Jurors reached their verdict after about 10 hours of deliberation that started on Saturday evening.

Mr Montfort’s mother heaved a sigh of relief and burst into tears of joy on hearing that her son would not have to face the maximum punishment for attempted murder, 30 years in jail – a Mother’s Day present like no other.

The verdict showed that jurors believed Mr Montfort’s version of events. The accused had claimed he had gone to a car park, near Axis nightclub in Paceville, to urinate and the victim and his friends started a fight with him.

The argument originated earlier that evening when Mr Montfort, who was also 18 at the time, had been reminded by one of the victim’s friends, Christopher Vella, that he owed him Lm10 (€23).

Mr Montfort pulled out a flick knife to defend himself and, as the group of young men approached him, he brandished the knife injuring Mr Digby.

The prosecution had claimed that Mr Vella and the accused got into a fight over the money. The accused drew a knife from his pocket and began waving it around.

At that point, Mr Digby jumped out to defend his friends and was hit on the elbow, left arm and back. He was rushed to hospital and was operated upon due to the seriousness of the injuries, the prosecution had said.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.

The prosecution was led by lawyer Maurizio Cordina from the Attorney General’s office.