A man facing a long listed of charges including fraud, misappropriation, and using force against two other persons, was acquitted by a court due to insufficient evidence.

In 2007, 51-year-old Lawrence Rizzo from Paola had been charged in connection with a fight which had broken out in Żabbar between himself and two other men – Kevin Portelli and Antoine Cassar.

The latter had claimed that Mr Rizzo had failed to deliver two televisions to them despite having been paid €460 for them. Though Mr Rizzo had refunded them €150, he had failed to reimburse the rest of the sum, Mr Cassar said. 

During the fight the accused had fractured his pinkie toe as it got stuck in an aluminium door, which in legal terms amounted to a grievous injury. The other party, Mr Portelli and Mr Cassar, claimed that the defendant had continued to make threats over the phone, even after this incident, and try instigate them to fight him. Subsequently, the two men were charged in connection with the case and filed a guilty plea.

On the other hand, Mr Rizzo was accused of defrauding and misappropriating €460, as well as assaulting, threatening and reviling Mr Cassar and Mr Portelli. The prosecution had also charged him with relapsing and committing a crime during the term of two suspended sentences.

In its decision the court presided by Magistrate Neville Camilleri noted that first and foremost it would skirt the defendant’s police statement as it had not been taken in the presence of his lawyer. While Mr Rizzo confirmed in court that the signature on the statement was his, the court expressed its bafflement that he had not been asked if he agreed with its contents.

Secondly, the court noted that the two alleged victims had testified that the issue had been settled, as Mr Rizzo had subsequently reimbursed the money.

Furthermore, the magistrate said that the prosecution had produced very little evidence to prove the charges, in spite of the fact that proceedings spanned over nine years. Consequently the man was cleared of all charges.

Lawyers Franco Debono and Marion Camilleri were defence counsel while police inspectors Jesmond Borg and Jurgen Vella prosecuted.