An argument over right of way across fields led to a farmer being awarded over €5,000 in damages after he suffered a permanent injury.

The court, however, concluded that the farmer was equally responsible for the incident that led to his injuries.

Mr Justice Joseph Azzopardi delivered this judgment following an action filed by Joseph and Maria Dolores Camilleri against Mark, Noel and Mario Gauci, who are brothers.

The dispute arose in July 2001 in Burmarrad when Mr Camilleri told the brothers’ father that they were not to cross his fields. Later on that same day, while Mr Camilleri was speaking to a friend of his, the Gauci brothers arrived on the scene.

According to Mr Camilleri, Mark Gauci attacked him and Noel Gauci joined in. Mario Gauci arrived on the scene later on.

The court concluded that all the parties to the fight were responsible, except for Mario Gauci who had not injured Mr Camilleri.

Mark Gauci ought not to have stopped to speak to Mr Camilleri, particularly as the latter was known by all to be an argumentative man. It was obvious that Mark Gauci had intended to fight with Mr Camilleri and not to converse with him. Upon Mark Gauci’s approach, Mr Camilleri had brandished a wrench and he, therefore, contributed to the fight by using a weapon.

Noel Gauci then joined Mark Gauci in attacking Mr Camilleri. The two men exceeded the limits of self-defence, said the court.

Mr Justice Azzopardi acquitted Mario Gauci of responsibility and held that Mr Camilleri and Noel and Mark Gauci were responsible for the fight.

Mr Camilleri suffered a 10 per cent permanent disability and the court ruled that he was entitled to damages of €10,729.75. Noel and Mark Gauci were ordered to pay him half of this sum, namely €5,364.87.