Despite being hit over the head with a crowbar, the victim of a fight with a relative over inheritance only suffered from bad headaches as a consequence, a court heard yesterday.

In fact, after spending three days in hospital for observation, Carmel Xerri was sent home since the injury had no effect on him, neurosurgeon Johanna Van’t Verlaat said, describing the case as “nothing”.

Mr Xerri sustained a depression fracture on the left hand side of his forehead and a “very small” bruise on his brain, Dr Van’t Verlaat said. This had no effect on his motor skills and he had made an improvement in the sense that his headaches had subsided.

The witness was testifying in the trial by jury of Carmel Vella, 58, of Xewkija who stands charged with the attempted murder of Mr Xerri. The victim has since died but his death has no connection to this case.

Taking the witness stand, Police Sergeant Joseph Mizzi said that at around 7 p.m. on April, 28, 2007, the accused turned up at the Victoria police station to report that he had been in a fight and had hit his brother-in-law, Mr Xerri, on the head.

He told the policeman that, just before the altercation, he had exited the alleyway where his mother-in-law lives and the victim shouted at him, asking him “aren’t you fed up of stoking the fire against me?” The reference was to a previous argument over inheritance.

Mr Xerri repeated the accusation and Mr Vella denied it. According to the accused, Mr Xerri then grabbed a mason’s set square from the back of Mr Vella’s truck and swung it at him but missed.

Mr Vella then took hold of a large crowbar and hit the other man on the head with it. Mr Xerri then chased him for a short distance and the fight stopped there, Mr Vella told the police.

The sergeant said that after the report had been filed he went to the Gozo hospital and spoke to Mr Xerri, who was lucid and could communicate normally. He denied starting the fight and claimed Mr Vella attacked him for no reason at all. He also asserted that whenever Mr Vella saw him he would hurl insults at him.

The following day Mr Xerri was sent to St Luke’s Hospital after X-rays showed a fractured skull, the officer said. He was put under the care of Dr Van’t Verlaat.

Emergency medical doctor Michael Portelli, who initially examined and treated Mr Xerri, said the patient was fully conscious and able to recall what had happened. He was lucid and there were no defects in his higher mental function. More importantly, he was never in danger of dying.

Another doctor, Natalie Grech Ellis, testified that the depression was measured at two-thirds of one centimetre. However, the brain was not affected and the victim was fully oriented.

Mr Xerri claimed he heard a ringing in his ears but this was diagnosed as the result of being a metal worker for several years. Dr Grech Ellis confirmed that the injury was not critical.

The testimony of the three doctors contrasted with that of the court-appointed expert, forensic pathologist Mario Scerri, who said that an examination of the patient’s records showed the injuries were life-threatening.

The prosecution closed its case and the defence team are expected to present their witnesses.

Lawyers Aaron Bugeja, Francois Dalli and Maurizio Cordina from the Attorney General’s Office prosecuted.

Defence lawyers Giannella Caruana Curran, Joseph Giglio and Steve Tonna Lowell appeared for the accused.

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