[attach id=236047 size="medium"]The Upper Barrakka lift. Photo: Matthew Mirabelli[/attach]

A security guard who punched a German man in the face after he refused to pay the €1 fare to use the Upper Barrakka lift was yesterday conditionally discharged for two years.

Mario Antonelli, 45, from Valletta declared in court yesterday that “he got very patriotic” when he heard Michael Mertsch swearing and denigrating Malta and the Maltese.

He testified that he heard Dr Mertsch saying “f****** Maltese” and swore at him before he hurled insults as well and punched Dr Mertsch, who is the chief technology officer at telecommunications company Go.

Through his lawyer, Dr Mertsch contested the version given by the accused and denied ever uttering disparaging words against Malta or the Maltese people.

Mr Antonelli was arraigned on Monday when Magistrate Carol Peralta put off the case for sentencing and to view closed circuit television footage of the incident.

As the sitting got under way yesterday, Magistrate Peralta said he had ‘private’ information that Dr Mertsch was, in fact, a difficult person but, by law, could not take this into account because Mr Antonelli had already pleaded guilty to the charges.

The magistrate reported the CCTV footage only showed people walking. He asked Mr Antonelli to take the witness stand to explain his behaviour.

Mr Antonelli said that Dr Mertsch was wearing earphones while trying to walk through the exit. He said he tried to alert him but Dr Mertsch carried on.

Mr Antonelli said he managed to attract his attention and Dr Mertsch apologised, saying he did not hear him. However, the accused continued, things turned sour when he demanded a €1 payment to use the lift.

Dr Mertsch replied, Mr Antonelli added, that he already paid enough taxes in Malta. He then started swearing, using disparaging remarks in relation to Malta and the Maltese, Mr Antonelli said.

Eventually, Dr Mertsch paid the fare but continued hurling insults, Mr Antonelli said, adding that he “lost it” when Malta was mentioned.

Magistrate Peralta said the fact that Dr Mertsch might have been offensive could not be considered provocation at law and told Mr Antonelli that he had acted incorrectly.