An appeal court has discharged a man who used a toy pistol to scare off three young men after they threw ice-cream – which he believed to be acid – at his car.

The incident followed a minor accident at Porte des Bombes, Floriana, on March 16, 2009, between Saviour Mifsud Bonnici, 62, of Żebbuġ, and another car occupied by diver Denis Agius, Shaun Vella and Karl Farrugia.

The court heard that Mr Agius failed to stop after the accident. But Mr Mifsud Bonnici followed him and they ended up in the Park and Ride area at Blata l-Bajda.

He got out of the car to get the driver’s details but Mr Vella and Mr Farrugia also emerged and threw a McFlurry ice cream at him, which hit his car.

He told the court he thought it was acid and got scared, ran to his car and brought out a toy pistol that he pointed at them and used to effectively “arrest them”.

The other men got back into their car and he called the police.

He was arraigned and charged with possessing a false pistol and holding the three men against their will.

Finding him guilty, the first court conditionally discharged him for a year, with the magistrate taking into consideration the fact he had cooperated with the police and had a clean record.

Mr Mifsud Bonnici appealed. Yesterday, Mr Justice David Scicluna took into consideration that he had been frightened during the incident because he believed he would be assaulted.

He confirmed the conviction but said that the proceedings had been punishment enough and converted the one-year conditional discharge into an absolute discharge.