A man has been cleared of slightly injuring another man during a row outside Is-Serkin pastizzerija in Rabat after a court ruled that the prosecution had not managed to prove its case. 

Raymond Axiaq, a 53-year-old man from Zurrieq known as Il-Banana, had been accused of slightly injuring Nicholas Azzopardi, who at time was a PN employee, in a scuffle which took place on August 4, 2013. Former PN MPs Franco Debono and Jeffrey Pullicino Orlando were also involved in the argument.

Magistrate Josette Demicoli today ruled that there was a clear conflict in versions presented to the court and noted that the police had not brought any eyewitnesses to sustain the charges they brought against Mr Axiaq. 

She ruled that it was not Mr Axiaq who assaulted Mr Azzopardi, smashing his glasses and injuring him in the face. 

Mr Azzopardi had told the court that he was at the bar at about 5am, accompanied by his girlfriend and two friends.

He saw Dr Pullicino Orlando, who passed a comment in his regard but, Mr Azzopardi said, he did not understand what he said. Then Dr Debono started making vulgar comments against him.

All of a sudden,Mr Azzopardi said, a group of people assaulted him. He was punched several times.

He told the court that Mr Axiaq hit him on the right side of his face with such force that it turned him around. He saw Dr Pullicino Orlando running towards him and then he received another blow, although, he did not see who punched him.

Mr Azzopardi said he suffered bruises all over his face and his glasses were broken.

He filed a report at Rabat police station and picked out Mr Axiaq from pictures shown to him by the police after he had described one of the persons who hit him as a man aged over 50 with grey hair. 

The police had said that people on the scene said they had heard Dr Debono cautioning everyone not to touchMr  Azzopardi. No one could confirm that Dr Debono insulted Mr Azzopardi.

But Mr Axiak from the outset insisted that he had intervened to break the scuffle and at no time did he assault Mr Azzopardi. Even Dr Pullicino Orlando and Dr Debono had denied any involvement in the matter.

This conflict in evidence led Magistrate Demicoli to rule that the case had not been proved beyond reasonable doubt so she cleared Mr Axiak of all the charges brought against him. 

Police Inspector Sarah Magri prosecuted while lawyer Edward Gatt was defence counsel.