Two men have been acquitted of seriously injuring another man in a fist fight in Paceville after a court ruled that the prosecution failed to provide sufficient evidence to convict the two.
Dylan Vella, 29, and James Manfre', 22 - who were both on probation - allegedly beat up Rida Shoaibe outside a Paceville establishment back in July 2013 because the victim was dating Mr Vella's ex-girlfriend.
Evidence presented in court pointed to the fact that the argument between Mr Vella and Mr Shoaibe was not an isolated one.
However, Magistrate Anthony Vella said that the prosecution failed to provide sufficient evidence to enable to court to reach an informed conclusion. Despite the fact that a number of witnesses were present at the scene, the prosecution failed to summon them. Neither were the police who were called on site to control the situation asked to testify.
As a result, the facts outlined were diametrically opposed, resulting in conflicting evidence.
Although it was telling that the accused parties refused to answer any of the questions put to them by the police, it was fully in their right to remain silent, the court noted.
The court therefore acquitted the two men.
Inspector Daryl Borg prosecuted while lawyers Franco Debono, Marion Camilleri and Amadeus Cachia appeared for the accused.
POLICE FORCE REACTION
The Police in a reaction to the above report, said the inspector produced a number of witnesses both in favour and against the accused. They included a police sergeant who gave evidence on February 20, 2014 and a constable who gave evidence on September 2, 2013 regarding the investigations.
The medical doctor who examined the victim gave evidence on October 24, 2013 and the victim gave evidence on September 2, 2013. The investigating officer gave evidence and produced all the necessary documentation on October 24 of the same year.
The victim, Rhida Shoaibe, appeared only once in court when he gave evidence. He was also represented by an attorney.
The investigating officer also contacted the victim several times to furnish any other witnesses he wished to summon in court, but none were given.
"The above clearly shows that all evidence known to the police was produced in court," the police said.