A man claiming he was attacked by Joseph Fenech, also known as Żeppi l-Ħafi, was forced to ask the Magistrates’ Court to order the police to proceed as no action was taken, a lawyer said yesterday.

Paul Spiteri reported to the police that Mr Fenech, 56, from Qawra and another man, Norbert Falzon, 29, from Naxxar, had slightly injured him and damaged his car in a fight last October 14 in Naxxar. The report was filed shortly after the incident occurred.

Mr Spiteri said he had an eyewitness but, after the police questioned this person, they claimed to have found discrepancies in the versions given by Mr Spiteri and the witness and so decided not to take action against Mr Fenech and Mr Falzon, lawyer Jean Carl Farrugia told Magistrate Anthony Vella.

He said Mr Spiteri was thus forced to invoke a law through which he could “challenge” the Police Commissioner to take action.

Article 541 of the Criminal Code laid down that, where the police refuse to institute proceedings against someone, the victim can file an application to the Magistrates’ Courts asking for the court to order the police to take action. A magistrate can only issue such an order once the court heard both the victim and the Police Commissioner testify about prima facie evidence in the case and once the magistrate is satisfied there is a case.

The case was put off for July.

In 2009, Mr Fenech had invoked a Presidential pardon granted to him in 1996 and, as a result, three pending cases against him were dropped. The cases revolved around his alleged involvement in the attempted murder of former Prime Minister Eddie Fenech Adami’s personal assistant, Richard Cachia Caruana, cocaine trafficking and a burglary.

Lawyer Franco Debono appeared for Mr Fenech.