A man accused of smashing a beer glass in the face of a barman in Qawra last year has been jailed for five years after being found guilty of having grievously injured his victim.

Srdan Simic, a 24-year old Serbian national, had been facing criminal proceedings over the violent episode which had taken place at the Munchies Bar shortly after midnight, on April 1.

The barman, Ryan Magro, a 29-year old father from Mellieħa, ended up battling to save his eyesight.

The victim had taken the witness stand during the proceedings against his alleged aggressor, recounting how on that fateful evening he had approached a foreign man who was reportedly bothering other customers.

This man, a friend of the accused, had politely been asked to leave the bar. The two customers had shortly left but soon after, Mr Simic had walked back inside and smashed a pint glass in the barman’s face.

The victim was rushed to Mater Dei where he was given emergency treatment in a bid to save his eyesight.

A court-appointed medical expert later testified that the victim had suffered “a penetrating eye injury, resulting in a piece of glass foreign body entering the left eye,” apart from various lacerations on his face

Read: Barman 'blinded' in one eye in unprovoked attack

The evidence left no doubt that the accused had hit the barman on the face, causing a permanent disability to his eye which suffered some 20-30% damages.

Testifying in the course of the proceedings, the accused had declared that he had “acted upon impulse” when some commotion broke out at the bar, flinging his beer mug at the first person in sight and acting out of fear.

His only thought had been to assist his friend and get out of the bar, Mr Simic had insisted, adding that had he intended to fight he would have stayed on.

The accused had admitted to his wrongdoing, immediately showing remorse for what he had done and apologizing to the victim.

Even the accused’s father had taken the witness stand to ask forgiveness for his son’s wrongdoing and to beg for clemency.

When meting out punishment, the court, presided over by magistrate Joseph Mifsud, observed that besides reflecting the gravity of the offences, punishment was to serve as a deterrent not only to the accused but also to others who could possibly commit such wrongdoing “posing such danger not only to themselves but also to innocent third parties.”

In the light of such considerations, the court declared the accused guilty, handing down a five-year effective jail term, and ordering him to pay court expert expenses of €745.64.

Moreover, the court urged Immigration Authorities to employ their powers to deport the accused once his jail term had been served.

The accused gave notice of appeal.

Lawyer Roberto Montalto was defence counsel. Lawyers Franco Debono and Marion Camilleri appeared in parte civile for the victim. 

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