Two men who assaulted another man and caused him to lose sight in one eye were ordered to pay almost €65,000 in damages by the Court of Appeal.

Martin Xerri filed his action for damages against Joseph Rapa and Carmel Rapa.

He told the court that he was in Ghajnsielem for the village feast in August 2006.

On his way home in the early hours of the morning he witnessed Joseph Rapa hysterically shouting at his wife Marija, who he had then attacked and violently assaulted.

Mr Xerri said he intervened to calm the situation, but he was beaten up by Joseph Rapa and Carmel Rapa.

Joseph Rapa hit Mr Xerri in his right eye with a brick and a few seconds later, when he was lying on the ground, Carmel Rapa hit him on the back of his head  with a chair.

As a result of the assault, Mr Xerri lost vision in his right eye and suffered a permanent disability.

The First Hall of the Civil Court had found in favour of Mr Xerri and had found only Joseph Rapa responsible for the injuries Mr Xerri sustained. Joseph Rapa was ordered to pay Mr Xerri €40,744 in damage.

On appeal, the quantum of damages was raised to €64,930 and the Court of Appeal found Carmel Rapa to be equally responsible in damages towards Mr Xerri.

Carmel Rapa then filed a request for the case to be heard again by the Court of Appeal, which request was upheld.

In today’s judgment the Court of Appeal composed of acting Chief Justice Noel Cuschieri, Mr Justice Joseph Azzopardi and Mr Joseph Zammit McKeon upheld Carmel Rapa’s request for the appeal to be heard anew.

The court pointed out that in the course of the proceedings, Mr Xerri and Mr Joseph Rapa had reached an agreement in terms of which Joseph Rapa had transferred some property valued at €20,000 to Mr Xerri in settlement of any claim which Mr Xerri might have against him.

On appeal the court declared that it was in agreement with the damages award of €64,930 given by the previous court. What had to be decided was what effect the agreement reached between Joseph Rapa and Mr Xerri could have in Carmel Rapa's regard.

The Court of Appeal declared that it was clear that the compromise agreement reached between Joseph Rapa and Mr Xerri did not exonerate Carmel Rapa from his liability towards Mr Xerri. The sum of €20,000 received by Mr Xerri from Joseph Rapa was to be deducted from the damages award of €64,930 owed by Carmel Rapa.

Carmel Rapa was ordered to pay Mr Xerri €44,930 in damages.