A man was yesterday cleared of damaging the bar at the Pigeon Racing Club in Hamrun in January 2005 after the court ruled that the prosecution had not managed to prove its case beyond reasonable doubt.
The court heard that Jesmond Gatt, 37, from Hamrun, was involved in an argument with Mark Catania, the barman of the Pigeon Racing Club, at around 2.45am on 27 January 2005.
Mr Catania told the court that Mr Gatt had been following him for around six or seven weeks and had been passing certain comments including whether they had ever robbed his bar, how much stock he thought he had and whether his bar had ever caught fire. On the day in question, he decided to confront him on the matter and asked him whether he wanted to set his bar on fire. The court heard that Mr Catania got hold of a tequila bottle and poured it over both of them and then asked people in the bar to give him a lighter so he could set the alcohol on fire.
Subsequently, the court heard, a scuffle broke out and glasses and glass doors were broken. Under cross-examination, Mr Catania told the court that at the time he used to drink between two and three bottles of wine a day. He confirmed that he had invited Mr Gatt to set him on fire when he poured tequila on both of them.
Testifying in court, Mr Gatt told Magistrate Jacqueline Padovani that he was drinking beer when, all of a sudden, he was confronted by Mr Catania who poured tequila on both of them and started telling the people at the bar to give him a lighter. He said he ran out of the shop and Mr Catania grabbed a stool and started breaking glasses and doors at the bar.
Richard Cuschieri, who was drinking at the bar at the time, testified that he managed to calm Mr Catania down and followed Mr Gatt outside and closed the shutter. While he was outside, he heard glass breaking.
Handing down her judgement, Magistrate Padovani said that the prosecution had not managed to prove its case against Mr Gatt. It said that according to evidence produced in court, it is more probable that Mr Catania caused the damage to his own bar. As a result of this evidence, the magistrate cleared Mr Gatt of all the charges brought against him.
Police Inspector Mario Bonello prosecuted while Dr Franco Debono appeared for the accused.