The Malta Independent 23 April 2024, Tuesday
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Man accused of using axe to attack neighbour found not guilty due to insufficient evidence

Kevin Schembri Orland Friday, 28 November 2014, 12:16 Last update: about 10 years ago

An argument in St Paul's Bay broke out between two men, resulting in allegations of an axe being used causing serious injuries to one of them, Joseph Calleja. The person accused of using the axe was found not guilty due to inconsistencies and insufficient evidence.                                                                     

According to the Calleja family, they believed that Ronald Apap, the accused, was stealing water from them, and as such Mr Calleja went up a flight of stairs to confront him. He found Mr Apap's son who didn't let him in. He then proceeded to head back down stairs and closed off his own water meter.

The Callejas said that during this time Mrs Calleja, his wife, and her mother went upstairs to confront Mr Apap and at some point he began to yell at them.

Mr Calleja heard the ruckus, went upstairs and was pulled into the apartment by Mr Apap who proceeded to hit him with an axe, the Callejas alleged. Mrs Calleja, her mother and brother, then pulled Mr Apap away during which time Mrs Calleja was punched in the face.  During the commotion they said, Mr Calleja saw a knife on the ground and threw it downstairs.

The Defence argued that only a knife was found and that Mr Calleja attacked the accused with it. The accused then took the knife off of Mr Calleja, the defence said, adding that Mr Apap was acting in self-defence. The court found that the injuries were not compatible with those of an axe, but rather those of a knife, and an axe was never exhibited in court. The knife however was. A pick-axe used for building works was exhibited but there was no evidence that it had been used.

The prosecution had gone on scene and searched for the axe however it was not found. Mr Apap had been locked in his room by the Calleja family after they fled and the defence argued that he had no way of taking the axe out of the apartment had there been an axe.

Mr Apap's version of events read that he feared for his son's life when Mr Calleja rushed in with a knife. During the fight, he said that he hit Mr Calleja's face and hands with the knife. At some point during the altercation, Mr Calleja fell onto a brick which caused an injury to his forehead, Mr Apap said.

The defence also argued that the prosecution's case was solely based on the testimonies on Mr and Mrs Calleja and that the knife used was never tested for fingerprints.

No magisterial inquiry took place and the court found insufficient evidence to convict Mr Apap. It also found that Mr Apap acted in self-defence.

Magistrate Carol Peralta presided over the case with Dr Arthur Azzopardi appearing for the defence and Inspector Paul Bond prosecuting

 

 

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