The wife of a German diplomat, a Moroccan national, had her immunity waived by the Embassy of the Federal Republic of Germany so that she could testify in court while also face charges of harassment and attempting to use force against two taxi drivers.

Ihssane Larhzali, 34, stands charged with attempting to use force against Fabian Mifsud of Msida, a taxi driver, and harassing him in May this year. The incident took place in Triq Santu Wistin, St Julian’s at 4.20a.m.

Mifsud, and Emanuel Tabone, who is also a taxi driver, have also been charged with assaulting and injuring her.

Taking the witness stand this morning, she claimed she was pulled by her hair and thrown to the ground by a taxi driver who claimed that she had leaned against his car.

She said that at no time did she touch his car, but as she stood near it, her handbag and her backside touched the vehicle, but was not leaning against it. She was accompanied by two friends at the time of the incident.

“The big taxi guy shouted at me and insulted me in Maltese, expecting me to move from the car. I repeatedly told him that I was not damaging his vehicle however he grabbed me by the hand, threw me on the floor and assaulted me. I kicked him in his private parts to defend myself," she said. 

Emanuel Tabone, who has been working for 20 years as a taxi driver, was next to take the witness stand.

He said that his taxi was parked outside Bar Native in Paceville.

“At one point, three girls approached Mifsud’s taxi and leaned against it. Mifsud asked her to get off his taxi.

“She, in turn, said that she was doing nothing wrong. He repeatedly told her to move then took her by the hand and moved her off the car.

"He dragged her from her arm, she resisted and went back and leaned against the car once again.

“She started to hit Mifsud with her bag and also kicked him in his private parts and his leg.

“Her friends meanwhile urged her to move away.

"Swearing is against my nature; I told Mifsud to leave because it was evident she was looking for trouble. “She threatened us with her job at the embassy,” he said.  

Cross-examined by lawyer Lucio Schriha, the taxi driver said his colleague left the scene and later told him she had dented his taxi, but never saw the
actual damage.

Mifsud, confirmed his police statement. He recounted how at around 4 a.m four girls approached his vehicle and one of them leaned against his vehicle.

"I told her to move, she refused even when
I told her the cars are easily damaged.

“After telling her repeatedly to move off, I took her hand and tried to move her away myself.

“We're used to seeing drunk people behave in this manner,” he said.

“I got in the car and left,” he said.

“The police spoke to me later on. In the morning I saw she had dented
my car’s mudguard.

 “I neither insulted her nor hit her but I cannot rule out that I swore in Maltese given the way she was behaving.

“She claimed she was not drunk, but was behaving as if she was. Her friends were very polite and tried to convince her to move from the car and even tried to pull her away.

"Contrary to what she alleged, she never ended up on the floor as a result of the argument,” he said.

Gianluca Caruana Curran, the lawyer defending the taxi drivers, said that the victim herself describes a large brawl and injuries she sustained, however these are not supported by a medical certificate. The police report the victim filed at the time of the incident conflicts with her evidence under oath.
Dr Schiriha said that the conflict in evidence lies on who is most credible.
He questioned the charge of harassment raised against Larhzali, saying
she did nothing that constitutes such an offence.
Dr Caruana Curran said that had the accused approached the victim in a decent manner and apologised, this case would not have ended up in court.
The case has been put off to 5 December for the sentence to be given.