A man who punched a soldier in the face after he was sexually assaulted was this morning acquitted of causing serious injury after a court found he had been provoked.
Sinclair Mifsud had been charged with seriously injuring the soldier in Paceville on November 13, 2004, breaching public peace and relapsing.
Magistrate Lawrence Quintano heard how Mr Mifsud had been dancing in Red Square at around 6 am when the soldier, who appeared drunk approached him and touched his private parts. Mr Mifsud pushed him away. However after being sexually harassed three times he punched the soldier in the face, fracturing his nose.
Taking the witness stand the soldier said that he had been sexually abused when he was a boarder and insisted that he never bothered Mr Mifsud at the night club. The soldier said that he had to take 16 days sick leave and also had to undergo surgery to fix his broken nose after having been punched by Mr Mifsud.
The court found that Mr Mifsud had been provoked and acquitted him of all charges.
Police Inspector Martin Sammut prosecuted.
Lawyers Edward Gatt and Anġlu Farrugia appeared for Mr Mifsud.