A man was conditionally discharged over an incident outside a Paceville club nine years ago when he smashed a glass in the face of a threatening aggressor.
Keith Grech, 38, of Pembroke, had been on a night out with his girlfriend on the eve of the May 1 public holiday when the incident took place.
It was around 3.25am when the couple became involved in an argument with Ryan Degabriele, the former boyfriend of the accused’s girlfriend.
The victim alleged that while talking to the accused’s girlfriend in the presence of his own girlfriend, the accused had approached the group, taking him unawares and hitting him with a glass on the side of his forehead.
On the other hand, the accused alleged that, having spotted the victim slap his girlfriend a short while earlier, he had feared further aggression when he came face to face with the man on his way out of the club.
Noting the latter’s menacing look and fearing for his own safety as well as that of his female companion, the accused claimed to have acted in self-defence.
During proceedings over charges of having inflicted a grievous injury, without intending to kill his victim or place the life of the latter in manifest danger, the Court observed that whereas the victim’s version was not credible, that of the accused had been ‘rather consistent’.
Magistrate Marse-Ann Farrugia observed that there was no doubt that the accused had acted out of fear when he sensed that the other man, who was bigger in stature than the accused himself, might strike again.
The court observed that the accused had ‘reacted to avoid this danger’, when the believed aggressor had not even approached the accused and his girlfriend.
This reaction had doubtlessly resulted in a grievous injury consisting of a 2.5cm laceration on the side forehead of the victim, an injury which ‘was not an insignificant one’ and which had left a visible mark until the wound healed, the court observed.
In view of all the circumstances of the case, the court declared the accused guilty and conditionally discharged him for three years, warning him about the full implications of such a judgment.