The police are to appeal the sentence imposed by a court on Monday following the brawl between campers and a protester at Il-Maghluq, Marsaxlokk, on Sunday.

Five men were fined €60 each after the court heard that the victim - who was punched several times around the head - had forgiven his assailants.

While some people said the fines amounted to a “bargain”, criminal lawyer Joe Giglio pointed out that the magistrate’s hands were tied because the Marsaxlokk man who was hurt, Christopher Haber, renounced criminal action.

In fact, the fines were not imposed because of the punch-up.

Rather, the men were fined for swearing in public and breaching the peace, two contraventions that carry a maximum of €60 for each penalty committed.

“The main charge was causing slight bodily harm. But this was renounced by the victim for reasons best known to him,” Dr Giglio said, adding that the police could not charge someone for such a crime if the victim objected.

“Therefore, the magistrate could only sentence the men on the remaining contraventions: swearing and breaching public peace.”

This is also why one of the men was not sent to prison despite breaching a suspended jail term handed down last year for charges related to counterfeit money.

Magistrate Antonio Micallef Trigona used his discretion to extend the man’s jail term suspension period by two years instead of locking him up, as he was only guilty of contraventions.

It would have been different had the Marsaxlokk resident sustained grievous injuries. In that case, the police would have had to proceed regardless, according to Dr Giglio.