A man who punched another in the face when he could not take out his pony because of a parked car was acting in self-defence, a court ruled today.

Magistrate Consuelo Scerri Herrera found Joseph Xuereb, 67, not guilty of injuring Felice Borg when the two came to blows at the entrance to garages in St Edward Street in Qormi on April 12, 2013. 

The court said Mr Xuereb was acting in self-defence when he seriously injured Mr Borg who, the court heard, was the first to assault Mr Xuereb because he (Mr Borg) could not take out his pony as Mr Xuereb's car was in the way. 

The court heard how trouble between the two men had been brewing for quite some time before the incident in question. Mr Xuereb parked his car in front of Mr Borg's garage and when Mr Borg arrived and asked him to move his car, the two men came to blows. 

Mr Borg testified that Mr Xuereb tried hitting him with his car's door when he told him that he was going to the police station to report him. On his part, Mr Xuereb said that as soon as he got out of the car, Mr Borg grabbed him from the arm and tried to bite him. He pushed him away and Mr Borg fell and hit his face, injuring himself. The fight ensued and Mr Xuereb began waving his arms to defend himself from the attack. 

Magistrate Scerri Herrera said that faced by two contrasting versions of the event, the court had to judge their credibility. She said Mr Xuereb's version of events was more credible. 

Moreover, the court ruled that the issue of self-defence raised by the defence merited to be upheld, even though he could have gone beyond the limit permissible by law. Magistrate Scerri Herrera said the court could not expect Mr Xuereb to remain calm when faced by such aggression, adding that he was reacting to imminent danger. 

She cleared him of the charges brought against him. 

Lawyers Robert Abela and Albert Zerafa appeared for Mr Xuereb while Police Inspector Joseph Agius prosecuted.