Two friends came to blows after they tried to drive into an underground garage complex at the same time.

One of them was acquitted yesterday after the other withdrew his criminal complaint and refused to testify.

At about 8pm on August 15 last year, MichaelSammut, 48, from Żebbuġ and Joseph Cordona, 38, both tried to drive into a garage complex in St Paul’s Street, St Paul’s Bay.

Mr Sammut was charged with causing serious injuries to Mr Cordona.

He said he was punched by Mr Cordona and admitted he retaliated by punching Mr Cordona in the head as hard as he could until he fell to the ground and pleaded with him to stop. Magistrate Aaron Bugeja said Mr Cordona exercised his right not to testify in the case as he might incriminate himself, leaving the only admissible evidence being the police statement released by the accused.

In refusing to testify, Mr Cordona also told the court that he had forgiven Mr Sammut and wanted to withdraw the criminal complaint he had made against his friend, the magistrate said.

Magistrate Bugeja found that the accused had acted in self-defence but he had also retal-iated with a force that could not be described as proportionate.

The medical certificate presented in courtwas not confirmed on oath so could not be taken into consideration.

From the evidence, the injuries could be found to be slight and excusable as the accused was acting in self-defence, the magistrate ruled.

Lawyers Franco Debono and Marion Camilleri appeared for Mr Sammut.