The injured man, Nicholas AzzopardiThe injured man, Nicholas Azzopardi

Conflicting versions and lack of evidence led to the acquittal of a man arraigned after a scuffle outside the Is-Serkin pastizzerija in Rabat in the presence of former MPs Jeffrey Pullicino Orlando and Franco Debono.

A magistrate ruled that the prosecution had not managed to prove its case beyond reasonable doubt according to law.

Raymond Axiaq, 53, from Żurrieq, known as Il-Banana, was accused of slightly injuring Nicholas Azzopardi, a former PN employee, in a scuffle that took place on August 4, 2013.

Magistrate Josette Demicoli ruled there was a clear conflict in the evidence heard in court, noting that the police had not brought any eyewitnesses to sustain the charges they brought against Mr Axiaq. She ruled it was not Mr Axiaq who had assaulted Mr Azzopardi.

Mr Azzopardi testified he was at the bar at about 5am together with his girlfriend and two friends. He said Dr Pullicino Orlando passed a comment in his regard that he was unable to understand. Then, Dr Debono started making vulgar comments in his regard, the witness added.

All of a sudden, Mr Azzopardi said, a group of people assaulted him, and he was punched several times. He told the court 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 was hit again, although he did not see who had punched him.

He filed a police report and described one of the aggressors as a man aged over 50 with grey hair

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

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

The police said that people on the scene said they had heard Dr Debono cautioning everyone not to touch Mr Azzopardi.

Nobody could confirm that Dr Debono insulted Mr Azzopardi, the court heard.

From the outset, Mr Axiak insisted he had intervened to break up a scuffle but at no time did he assault Mr Azzopardi.

Dr Pullicino Orlando and Dr Debono too denied any involvement in the matter.

Magistrate Demicoli cleared Mr Axiak of all the charges brought against him.

Police Inspector Sarah Magri prosecuted. Lawyer Edward Gatt was defence counsel.

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