Four men, three brothers and their brother-in-law appeared before Magistrate Anthony Vella charged with assaulting John Desira, his wife Josephine Desira and causing damage to Joseph Schembri’s vehicle during an argument in a Qormi garage in April 2005.
The accused, Gialanze Cuschieri, John Cuschieri, Anthony Cuschieri and Paul Micallef, were assisted by Dr Gavin Gulia and Dr Giannella Caruana Curran.
First to testify on behalf of the prosecution was Dr Alan Drago who certified that he had examined John Desira, Josette Desira and Jason Schembri when they were admitted to the Casualty Department on the night of 18 April 2005.
Dr Drago said Josephine Desira had suffered slight injuries that were not classified as serious but which included cuts and abrasions. He said John Desira had suffered three small fractures to his face that were classified as grievous injuries also because that they had caused permanent damage to his face.
At this point, Dr Giannella Caruana Curran asked whether these injuries suffered by Desira would scar him for life. Dr Drago said he could not confirm this.
Dr Drago said the injuries suffered by Joseph Schembri included some scratches on the nose and hands but these were light injuries caused by flying glass.
Jason Schembri testified that his family owned a field they wished to sell. He had been informed that there was a buyer who had shown interest in this plot of land and had made an appointment with the buyer at a garage in Qormi owned by his wife’s father.
Schembri said that on the appointed night, John and Josette Desira, Paul Micallef and Carmen Micallef, who were related to him, came to the garage to discuss some questions regarding his mother’s assets. All of a sudden the Cuschieri brothers entered the premises and began arguing with Josette and Paul Desira after which a scuffle ensued and John Desira was badly beaten up by the Cuschieri brothers with Micallef also joining in.
At this point, Schembri said he decided to leave the garage to inform the police but he was followed by Gialanze Cuschieri who smashed his car window. He confirmed that the damages to the car window amounted to Lm33.02, which was then certified by Harry Crossley who exhibited a cash sale receipt for works carried out on a Peugot car with registration number DOI998 belonging to Schembri.
Next to testify was Inspector Maria Stella Attard, who said she had been told to investigate an argument that had broken out in Pinto Street, Qormi, on 18 April. She said John Desira told her that he had accompanied his wife Josette, who is Schembri’s sister to a garage in Qormi where a meeting was being held to discuss the administration of Schembri’s mother’s assets. He confirmed that the Cuschieri family suddenly appeared and a heated argument ensued about the sale of the plot of land, adding that he had been beaten up in the process. Inspector Attard said Josette Desira’s testimony matched that of her husband’s.
The inspector said she had questioned the four accused in detail with Paul Micallef stating that he had only used his hands in self defence, and that Schembri had reversed his car into someone. Micallef confirmed that Gialanze Cuschieri broke the car window. Gialanze Cuschieri told the inspector he had not suffered any injuries in the incident but admitted that there had been a scuffle.
The case was adjourned to a later date.