Two foreign nationals involved in a violent scuffle with a group of locals in Paceville were acquitted of having grievously injured one of the men after it emerged that they were acting in self-defence.

Bulgarian-born Stefan Praskov, 31, and Iliev Yulian, 35, residing in St Julian's, were accused of having grievously injured Matthew Agius, unintentionally placing his life at risk.

The incident dated back to January 14, 2009 when the two Bulgarians and a female relative went to the Footloose Bar in Paceville where, in the early hours of the morning, an argument broke out when the men allegedly attempted to enter the ladies’ toilets.

The scuffle spilled over into the streets and resulted in a full-blown fight between the two foreigners and some Maltese nationals, including the alleged victim, who appeared to be the leader of the pack.

During the proceedings, the accused, the victim and other eye-witnesses testified about the violent incident.

The victim claimed to have been hit on the back with a metal dustbin as soon as he left the bar, and then assaulted as he lay on the ground.

However, the Bulgarians testified that a gang of some 10 Maltese nationals turned on them when they were physically thrown out of the bar. Three of the men chased and finally cornered them. Mr Praskov was allegedly beaten up while Mr Yulian rushed to the nearest police station for help.

The court, presided over by Magistrate Marse-Ann Farrugia observed that the version given by the accused was more credible.
“I was defending myself because I was being attacked by many people and I did not have time to attack,” Mr Praskov testified. His friend gave an identical version.

Although the prosecution argued the accused never produced medical certifications to show that they were seriously hurt, the court concluded that it was more likely that the accused had been assaulted by the alleged victim and his friends “for no apparent reason” and that the two men had acted in legitimate self-defence.

It noted that it was one of the accused – rather than the victim's friends –who had sought help from the police, which further strengthened the reasonable doubt regarding their guilt.

Inspector Trevor Micallef prosecuted and lawyer Mark Busuttil was defence counsel.