A father and his son were today acquitted of assaulting a police constable and disobeying orders after it was not proven that they were aware that the man, dressed in plain clothes, was actually a policeman.

Raymond Cutajar, 60 and his 30-year-old son George had been initially found guilty of assaulting a publicman, damaging his clothes, breaching public peace, disobeying orders and relapsing in a case which dates to October 2005.

In 2013 they were both sentenced to six months imprisonment, a judgment which was promptly appealed. 

The accused had been involved in an argument with the Schiavone family regarding the position of their kiosk, which they had set up in front of the Schiavones' shop. It appeared that the father and son had set up the kiosk in a way which was hindering the Schiavones' passageway to their shop.

An agitated, verbal argument ensued, somewhat simmering until the arrival of Raymond Debono, a policeman who was also the husband of Vincenza, one of the Schiavone siblings.

He had gone on site to give his wife a lift home but, upon beholding the argument, informed the accused men that if they had an issue, they should go and file a police report.

In a span of a few seconds, he was assaulted, and ended up with a torn top and scratches and smears of blood on his face.

Mr Debono testified that upon his arrival, he witnessed the Cutajars arguing with his brother-in-law Sunny amongst much yelling and blasphemy. He informed them that he was a plainclothes policeman and ushered his relatives into the shop to call the police. At that point he was assaulted.

The elder Mr Cutajar testified that one of the Schiavone siblings had taken it upon himself to paint a line of demarcation across the ground indicating the point from which they could set up their truck or kiosk. He said that he had subsequently removed the markings and, the next day when they were dismantling the kiosk, they were approached by one of the Schiavone siblings.

Amidst a loud argument, a person whom Mr Cutajar did not recognise, emerged from the shop, brought the younger Mr Cutajar to the ground and aimed several kicks at him.

Some time later, the police arrived. Mr Cutajar denied that the man had revealed himself to be a plainclothes policeman.

Before the court, Mr Debono declared that he was renouncing the proceedings, saying he forgave the Cutajars and that they had since become friends. He insisted that he had informed them that he was a plainclothes policeman but remarked that they might not have heard him over the din.

For a person to be found guilty of assaulting a public official, it must be certain that the policeman had identified himself as such, Mr Justice Giovanni Grixti noted.

The court was not convinced of the Schiavone family's version of events, questioning why the accused would assault Mr Debono if they knew he was a policeman and if the argument was with the Schiavone siblings in the first place.

The Cutajars were, however, found guilty of ripping Mr Debono's top and breaching public peace and were fined €55 each.

Inspector Joseph Agius prosecuted. Lawyers Franco Debono and Marion Camilleri appeared for the accused.