A man has been cleared of attempting to murder his neighbour when he attacked him with an axe and seriously injured him.

The court accepted the plea of self-defence because the alleged victim attacked him with a knife.

The incident happened on April 18, 2010, in an apartment in Triq il-Gifen, St Paul's Bay, when Ronald Apap, 44, repeatedly hit Joseph Calleja with an axe and seriously injured his wife, Lucienne Calleja.

Magistrate Carol Peralta heard the defence explain how the incident took place when the Callejas went up to Mr Apap's apartment claiming he had been stealing water and electricity.

An altercation between Mr Apap and the Callejas and their relatives ensued, after which Mr Calleja attacked Mr Apap with a knife. The court heard how the axe allegedly used in the incident was never found and how the injuries sustained by Mr Calleja were not compatible with an axe.

The defence argued that although Mr Apap was charged with attempted murder, there was no magisterial inquiry into the incident. Moreover, the knife allegedly used in the incident was not analysed for fingerprints.

Magistrate Peralta said the prosecution, led by Police Inspector Paul Bond, had not managed to prove, beyond reasonable doubt, that it was Mr Apap who attacked Mr Calleja.

Moreover, the accused could not even be found guilty of possession of an axe as this was never exhibited in court.

Regarding serious injuries sustained by Ms Calleja, who ended up with a fractured finger, the court noted that she could not explain how this came about.

Could it be that she broke her finger as she was trying to stop her husband from attacking Mr Apap in his apartment? the court asked.

Given these inconsistencies and serious defects in the way the police conducted their investigations on this case, Magistrate Peralta cleared Mr Apap of the charges brought against him.

Lawyer Arthur Azzopardi appeared for Mr Apap.