A man has been found not guilty of breaking the arm of a 12-year-old girl after a magistrate found that the girl and her mother had attacked him and the injuries happened as he protected himself from them.

Oswald Bennetti, 36, of St Paul’s Bay had been charged with breaking the arm of his estranged partner’s 12-year-old daughter.

He had pleaded not guilty to causing serious injuries to the girl and slightly injuring her mother, Christina Joyce, on December 1, at about 6.15am.

Testifying during the case, Christina Joyce said they had few drinks while the children were asleep in a pull-out bed. The accused then went back to where the children were and shouted ‘pig’ in the 12-year-old’s ear.

An altercation ensued and Mr Bennetti twisted her daughter’s arm, breaking it, the witness said.

Her daughter testified that she had told her mother he had called her “pig” and her mother confronted Mr Bennetti.

“He tried to hit her and I went between the two and started hitting him. He grabbed my arm and twisted it back and I hit him with my other hand.”

Ms Joyce admitted that her daughter and Mr Bennetti did not see eye-to-eye and that she had told him that he needed to work on that relationship for theirs to work.

Mr Bennetti told the court that after they drank alcohol and spoke at length, Christina Joyce told him that her 12-year-old daughter suggested to her that they sell all his things and move out.

Hurt at these words, he decided to go and sleep but as he passed the  children who were asleep, the 12-year-old got up and began hitting him and broke one of his teeth. Her mother also began hitting him and as he defended himself the girl hit him on his arm at which point she injured herself.

In handing down judgment, the court regretted that the prosecution and Attorney General dragged their feet to the point that the case could have been decided a year and a half ago.