A man found guilty of partially blinding a barman in a Bugibba bar in an unprovoked attack in April last year has been jailed for 5 years.

Srdan Simic, 24, from Serbia, had been charged with causing grievously bodily harm, a barman at Munchies in 2017. Magro, a well known musician, sustained eye injuries which have resulted in a 30% permanent disability.

Witnesses to the incident had previously said that the incident took place when two men were asked to leave after becoming intoxicated and began to bother other patrons. One of the men then turned to Magro, who was smoking a cigarette outside, and smashed a pint glass in his face, causing grievous injuries to his left eye. Magro told the court that the attack was unprovoked.
Simic was arrested after being identified by the police. He insisted that he had acted out of fear because of a commotion that had broken out in the bar.

After hearing the evidence and thoroughly examining the doctrines and case law relating to voluntary offences and grievous bodily harm, the court ruled that it was convinced that the accused was guilty of the crimes with which he was charged when he hit Magro in the eye with the broken glass. The accused had demonstrated contrition and asked for forgiveness, observed the court.

When it came to assigning punishment, the court said that this should reflect not only the seriousness of the crime but also serve as a deterrent to the accused and others who might emulate him.

Quoting the Court of Criminal Appeal in Police vs Joseph Azzopardi from 2004, the court said that punishment, as a rule, when dealing with violence should be imprisonment. Magistrate Joe Mifsud handed the Serb a five year prison sentence.

Superintendents Walter Spiteri and Maurice Curmi prosecuted. Lawyer Roberto Montalto was defence counsel. Lawyers Franco Debono and Marion Camilleri appeared as parte civile for Magro.