A man who was allegedly stabbed in his back during an argument in a road in Gżira following a dispute over an unreturned car battery, told the court he did not see the accused attack him.
The compilation of evidence against 32-year-old Aaron Sammut who allegedly injured Carmel Zahra during an argument, began before the court.
Sammut was arraigned on 10 April and faced multiple charges, including slight bodily harm, carrying a knife in public without a licence, disturbing public peace and recidivism. Sammut has denied all allegations.
During the altercation, both Zahra and Sammut were injured. Sammut had also suffered grievous facial injuries and was found covered in blood by the police.
Son of victim, who is also facing separate charges, takes the stand
The son of the victim, Josef Zahra, a car electrician, took the stand and recounted that on 8 April, a client's car had broken down in the vicinity where the stabbing took place and, on his way to assist the client, encountered Sammut and requested the return of the car battery in question.
According to Josef Zahra, Sammut sarcastically replied "Are you still going at it?", pulled out a flick knife and threatened him.
Following this, Josef went to the Gżira police station and reported the incident. The police officers on duty told him that they "couldn't help him". Zahra later returned to the client's car accompanied by his father.
Upon returning to the scene, the pair encountered Sammut again who was holding a different piece of metal and according to Zahra, Sammut attacked him and his father.
Upon seeing his father's injuries, Zahra panicked, grabbed the weapon out of Sammut's hand and defended himself and his father, the court heard. The court heard that he allegedly panicked after thinking that his father's lungs had been injured.
The court heard that Zahra only knew Sammut after encountering him several times sleeping in his car, parked outside his garage.
Although he was warned by the court of his right not to testify due to ongoing separate proceedings in connection to the same incident, Zahra still chose to testify.
Victim testifies in court
Carmel Zahra later testified and confirmed his son's version of events. He told the court he was asked by his son to accompany him to retrieve a broken down car, and that they only knew Sammut as he usually parked his vehicle in front of their garage.
He told the court that he was informed that same day that Sammut never returned the car battery to his son.
When questioned on the altercation, Zahra admitted that he did not see Sammut strike him but was only told that he had been stabbed by bystanders.
He further admitted that his son had started hitting Sammut but when questioned how and by whom Sammut had been injured, he said he did not know, nor did he remember.
There are no ongoing proceedings against Carmel Zahra.
Following the testimony, defence lawyer Yanica Barbara Sant requested the court to show the CCTV footage and further argued that the video in question does not show Sammut wielding a knife.
The courtroom was not equipped to play the CD containing the video, and the presiding magistrate postponed the father's testimony to next week until the footage could be accessed.
The sitting was adjourned to 29 April.
Magistrate Ann Marie Thake presided over the court.
Police inspector Ian Azzopardi prosecuted.
Defence lawyer Yanica Barbara Sant represented the accused.