A magistrates’ court yesterday cleared an official from the Unjoni Haddiema Maghqudin (UHM) of the charges of threatening, assaulting and slightly injuring a Malta Transport Authority (ADT) official due to lack of evidence.
Joseph Sghendo, 53, from Fgura was accused of threatening, slightly injuring, assaulting and pushing Victor Caruana with intent to hurt or insult him on 1 May 2002 at around 5.45 am at the City Gate Bus Terminus in Floriana.
He was also accused of breaching the peace and using vulgar language in public.
The court, presided over by magistrate Edwina Grima, heard how the alleged incident arose as a result of industrial action taken by ADT officials on that particular day.
Mr Caruana was approached by Mr Sghendo and Carmelo Muscat because it seemed that he was not following directives imposed by the UHM.
The versions given by the prosecution and defence did not concur because Mr Caruana stated that Mr Sghendo pushed him to the ground and punched him in his face while he was trying to get up, while Mr Sghendo and Mr Muscat stated that Mr Caruana lost his balance and fell to the ground.
However, the court noted that the prosecution failed to prove whether, on that day and when the incident took place, Mr Caruana was acting in his role as an ADT official.
It also noted that Mr Sghendo had said that Mr Caruana was doing work “that was not his duty”.
Magistrate Grima pointed out that no one from the ADT was brought forward to confirm Mr Caruana’s role and explain what were his duties on the day and time of the incident.
With reference to the charges of slightly injuring Mr Caruana, the court stated that while there is no doubt that his injuries were caused during the incident, it is not clear whether these were caused by Mr Sghendo punching him or by Mr Caruana hitting his face on the pavement after he lost his balance.
An eyewitness, Carmelo Muscat, confirmed Mr Sghendo’s version and said that he never saw him punch Mr Caruana, or push him or use vulgar language in public.
Mr Muscat went on to say that the only time he saw Mr Sghendo touch Mr Caruana was when he helped him up.
As a result, magistrate Grima cleared Mr Sghendo from all the charges brought against him.
Police inspector Alfred Mallia prosecuted and Dr Ian Spiteri Bailey appeared for Mr Sghendo.