A case which was deferred for judgment for more than 10 years was decided today, with a court conditionally discharging a man who was accused of stabbing the lover of his estranged wife.

The case happened while the man and his wife were going through separation. In the 10 years since, the accused met a new woman and, according to testimony by his daughter, and they had nine children. He previously had two children (including herself) from his wife. 

Ironically the prosecuting officer, then Inspector David Gatt is now a lawyer who is himself undergoing court proceedings over a number of cases.

Philip D'Amato was arraigned in 1997 after allegedly stabbing Memdouh Mohammed El Sadani, an Egyptian.

He was accused, among other charges, of attempted serious injury, illegal possession of a knife and relapsing.

The court heard that he had gone to the victim's residence after a nearby grocer confirmed to him that his wife was seen frequently in the house. He broke down the door, saw a woman who was not his wife on a bed and stabbed the victim.

During testimony, Mr D'Amato said the victim had attacked him with a knife, which he then took from him, while Mr El Sadani said Mr D'Amato already had the knife when he assaulted him, injuring him in his neck and back. The two knew each other as they worked together as tilers.

The case was put off for judgement on October 10, 2003 by retired Magistrate Joseph Apap Bologna.

Recently-appointed Magistrate Natasha Galea Sciberras said the court could not condone violence, but in view of the long time for judgement, which was no fault of the accused, it was not considered just to impose a jail term. Nor was the prosecution seeking a jail term.

The court convicted the accused of causing serious injury and illegal possession of a knife and conditionally discharged him for three years.

Dr Joe Giglio was defence lawyer.