The owner of a Żejtun bar has been cleared of grievously injuring a customer for lack of evidence.

Albert Mifsud, 60, had been charged with seriously injuring and threatening an off-duty bus driver who had visited his bar in the early hours of August 12, 2017.

The driver recounted in court how he had wandered around the streets before ending up at the Żejtun bar at around 5am. He said he had two vodka and cokes, turning down further drinks which he passed on to a patron at the bar. He had also refused an offer of “something” else at the bar, seemingly implying that he had been offered some illicit substance.

Just as he had been about to leave, he claimed that Mr Mifsud, the bar owner, had walked in and began to hit him “left right and centre,” with a knuckle duster-clad fist, inflicting serious facial injuries.

Mr Mifsud then ordered his barman to wipe up the mess and close shop. 

The part-time barman gave a totally different version of events, stating that the driver, a complete stranger, had been a nuisance to other patrons at the bar.

He had asked him to leave, and when he refused he called Mr Mifsud for assistance.

The brawl broke out when Mr Mifsud turned up and asked the driver to leave. The driver pushed Mr Mifsud to the floor and had to be pulled away by other people before being “thrown out”.

Magistrate Doreen Clarke observed that the only certain fact was that there had been a brawl at the bar and that two or three others had intervened.

It had also been determined that one of the men had suffered facial injuries.

However, what had truly happened before the arrival of the accused and what had actually sparked off the fight, had not been determined with certainty.

The court therefore declared that the prosecution had failed to prove its charges beyond reasonable doubt and Mr Mifsud was acquitted.  

Lawyers Arthur Azzopardi and Rene Darmanin were defence counsel.

 

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