A man was found not guilty of attempted murder yesterday, but was handed a suspended sentence for slightly injuring his victim.
Carmel Mifsud, 38, from Msida received a two-month prison sentence, suspended for a year because he was found guilty of slightly injuring Joseph Cachia, following a disagreement between them.
Mifsud lived on a farmhouse, from where he also runs his business of rearing animals for the production of milk. As it is there was no direct road leading to his farmhouse, which made running the business a bit complicated.
The only access from a main road was through an alley which was government property, but leased out to Emanuel Cachia, the victim’s father. Shortly before the incident, it seems Mifsud tried to install water and electricity services through this passage, but was stopped by Cachia as well as by the Lands Department.
There was another incident where Cachia and his children were setting fire to material in their fields, and as a consequence of this Mifsud’s animals were suffering. Mifsud and his wife Caroline testified that their business was on the point of bankruptcy.
Even the health condition of Mifsud had deteriorated so much that he had requested medical help to overcome his problems.
It seems that on the day of the incident Mifsud was transferring manure from his farm to some nearby fields, and had to go through the alley. It seems that he also built a ramp, which gave him direct access from the farm and his house to the street.
This was not received well by Cachia and his family. His son, Joseph Cachia, who was working in his father’s fields, approached Mifsud, when he saw him using the passage, and told him more than once not to pass from there.
Upon seeing him insist, Mifsud went to his farm and brought out his gun. He fired two shots, which didn’t hit him. The victim was not deterred, however, and upon seeing this, went closer to Mifsud, who shot again into the air.
It was at this point that Cachia turned and ran off, with Mifsud close on his heels. When he saw that Cachia kept running, he stopped. Cachia sustained light injuries from the lead of the shots from afar.
The Court ruled that this was not attempted murder, since he did not shoot to kill, even when the victim approached him. Police Inspector Joseph Mercieca prosecuted. The court was presided by Magistrate Edwina Grima.