The Malta Independent 5 July 2025, Saturday
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Court ‘Had It not been for immediate intervention, Tunisian would have died’

Malta Independent Tuesday, 13 April 2010, 00:00 Last update: about 12 years ago

A Tunisian man who was seriously injured in a fight more than five years ago would have died had it not been for an immediate intervention, according to medical doctor Moira Grech, who testified in court yesterday.

Dr Grech was testifying in the trial by jury of Libyan national Hesham Mohammed Shabosh, 34, who stands charged with the attempted murder of the Tunisian. The Libyan is being accused of hitting Omar Mohammed Baccouche with a trowel (flawt tat-tikhil).

Another doctor, court-appointed expert Mario Scerri, agreed with Dr Grech, saying that at best, had it not been for the immediate medical intervention, the Tunisian would have had to have his arm amputated.

The artery, muscle tissue and nerves of his left arm were badly damaged, and he can no longer move his fingers, said Dr Scerri, adding that the muscle power of his left hand is minimal. He cannot use it because he hasn’t got a good nerve supply, said the doctor.

Testifying in court yesterday, Mr Lamloun said he had not been on speaking terms with his nephew (the defendant); they had argued because Mr Lamloun wanted his nephew to go back to Libya since his visa had expired.

It was on the first day of Ramadan that his nephew rang him up, in a bid to start Ramadan on a good note. Mr Lamloun then invited his nephew over for dinner.

The court was told that the Tunisian had been on bad terms with Khalid Lamloun (the defendant’s uncle) when the incident took place in October 2004.

He said that on one particular occasion he had gone to pick up his children from school in Ta’ Giorni; one of his children had been hit on the head by one of Mr Baccouche’s children.

The two had known each other for a while because of some construction work that Mr Lamloun had done for the Tunisian. The Libyan said Mr Baccouche hadn’t paid him for a particular job.

They had been arguing over the problems between their children, and on 18 October 2004 to be precise, said Mr Lamloun, the Tunisian went to look for him near the Mosque in Paola (Mr Lamloun lived in the vicinity).

Mr Lamloun said he had been waiting for his nephew and at one point he went to the Mosque to pray.

“I didn’t notice Omar (Mohammed Baccouche), but he was waiting in his car. He then got out, carrying a piece of wood.”

Mr Baccouche, who also testified in court yesterday, said that he was on his way to the Mosque to pray when he met Mr Lamloun and they started arguing, particularly because of the problems between their children.

The Tunisian said other Libyans were in the area, and he went to get the piece of wood from the car because he was scared.

Under cross examination he admitted that he was angry and started hitting everyone.

Meanwhile, another Libyan man, Teffahi Schemes Aldinne, who also testified, said he too was on his way to the Mosque to pray at the time of the incident, at about 8.30pm.

“Omar was hitting Khalid Lamloun with a piece of wood. There were other Libyans… I tried stopping him and soon after I saw Hesham (the defendant) getting out of a car, holding a trowel, with which he then hit Omar.”

The court was told that it was Mr Lamloun who had told the police that he had had an argument with the Tunisian. The court was also told that Mr Baccouche had called the Libyan, inviting him to a fight. Mr Lamloun said he had ignored his invitation.

The defendant had turned himself in to the police and in his statement admitted his involvement in the incident.

Testifying yesterday, the defendant said his uncle wanted him to leave Malta because his visa had expired.

“I didn’t want to leave because I had a serious relationship with a girl, but I couldn’t tell him this, because it is prohibited according to Islam, and my uncle is very religious.”

He said his uncle had invited him over after he called him to wish him a good Ramadan.

On the day of the incident, as he was going to his uncle’s house, close to the Mosque, he saw some people fighting, but said he wasn’t sure what was going on at first.

Then he realised his uncle was there; he got out of the car, got a trowel out of the booth, and approached the group of people.

“I didn’t intend touching Mr Baccouche at all; all I was trying to do was to make him get away from my uncle. But he was gutsy and started moving towards me, I in turn moving backwards. At one point I hit him, but this really wasn’t my intention. I have never fought with anyone, I am not that type of person and I had a good education.”

Under cross examination he said he is not a nervous person at all, and went on to say that during the incident, nobody could stop Mr Baccouche; he was like a devil.

The case continues.

The court is being presided over by Mr Justice Joseph Galea Debono. Lawyer Maurizio Cordina from the Attorney General’s Office is prosecuting. Lawyers Chris Cardona and Mark Vassallo are appearing for the accused.

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