The Romanian man charged with causing the death of a Sudanese man three years ago has been jailed seven years and fined €3,100 after jurors this afternoon returned a guilty verdict, but said the act was excusable by provocation.

Antonel Dobre was found guilty by an 8-1 margin of causing the injuries which led to the death of Osama Al Shazliay Saleh, 26 - known as Sunshine. However they said the actions were excusable due to provocation.

The case happened on March 17, 2012, at about 6am.

Mr Justice Antonio Mizzi concluded his summing up at about 4pm yesterday after a nine-day trial. As he read his judgement Mr Dobre's wife and sisters cried loudly.

The prosecution claimed the accused hit Mr Saleh in the face knowing that the blow would hurt him. The blow in fact caused him to fall and hit his head. Mr Saleh suffered brain haemorrhage and died three days later.

But according to Mr Dobre, Mr Saleh had elbowed his Romanian friend, Radu Rica, in the nose while they were in a Paceville club.

Sometime later, when they walked out of the club, Mr Saleh walked angrily towards his friend and, as Mr Saleh was going to push Mr Rica, he intervened and pushed Mr Saleh who fell backwards and hit his head. He insisted that he wanted to defend his friend.

He said he was sorry for the way the incident ended and would live with remorse for the rest of his life.

Lawyers Kevin Valletta and Nadia Attard, from the Attorney General’s office, are prosecuting.

Lawyer Roberto Montalto is representing Mr Dobre while lawyer Larry Formosa is acting in parte civile.

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