A 23-year-old man, who allegedly attacked a police constable about five years ago, has been acquitted after the evidence proved that quite the opposite happened, a magistrate said.

Marvin Mallia, who was 18 at the time, had been involved in a fight with a number of Arab men on May 28, 2006 at about 11 p.m.

Following the fight he went to the police station to file a report about the incident and told the police he wanted to pay for the damage he had caused to a door.

As he was talking to officers inside the station, one of the Arabs involved in the fight, who was under arrest, entered the station and the accused made an obscene gesture at him.

Police Constable Joseph Cini thought he had directed the gesture at him and an argument ensued, Magistrate Jacqueline Padovani said in her judgment.

The argument rapidly deteriorated and a police sergeant who was present ended up defending the accused, the magistrate said.

The constable, who allegedly suffered a broken finger, was never called to testify despite various opportunities to do so, neither was a doctor called to give evidence about the injuries allegedly suffered by the officer and furthermore a medical certificate was never presented, the magistrate said.

For these reasons she acquitted Mr Mallia.

Police Inspector Josric Mifsud prosecuted.

Lawyer Giannella Caruana Curran appeared for the accused.