Man receives suspended sentence for injuring landlady’s son during argument

A tenant who attacked his landlady’s son with a spirit level during a disagreement over unpaid utility bills has been handed a suspended sentence for injuring the youth, after a charge of attempted homicide was withdrawn.

Joseph Borg, a 28-year old from Siggiewi, was charged over the 2011 incident, which had been instigated by an argument over the Zebbug apartment which he used to lease from the victim’s family.

Borg’s landlady had terminated the lease after he accumulated arrears in the payment of rent and utilities bills, ordering the accused to remove all his possessions from the flat.

The accused had begun the process of vacating the rented premises on the morning of August 5, 2011 and had dropped off most of his belongings elsewhere. But when he returned in the evening to pick up his cat and some other items, he immediately realized that the lock to the door of the flat had been changed.

Earlier in the afternoon, the landlady had allegedly warned Borg that he would only be allowed to take the rest of his belongings after settling the outstanding amounts.

An altercation broke out between Borg, his three companions and the landlady’s son when the latter turned up outside the apartment around 10.00pm. The son was struck in the back with a spirit level, suffering a large, deep cut, which had been treated in hospital.

Borg had denied charges of attempted homicide, grievous bodily harm, breaching the peace, damage to third party property and possession of pepper spray. The charge of attempted homicide was subsequently withdrawn.

The Court of Magistrates, presided over by magistrate Josette Demicoli, observed that the victim’s mother had taken the law into her own hands when she decided to change the lock to the apartment, when she knew that some of the accused’s possessions were still inside.

The court also noted that CCTV footage had shown that the victim had in fact, struck first, causing the accused to suffer a cut above his eyebrow.

No expert had been appointed to determine the cause and nature of the injuries suffered by the victim and the court was unable to determine who had actually caused the injury on the basis of the evidence produced. It concluded that the prosecution had failed to prove the charge of grievous bodily harm beyond reasonable doubt.

In the light of the evidence, the court found the accused guilty of having caused only slight injury to the victim. Borg was handed a 3month prison sentence, suspended for two years and was placed under a two-year Restraining Order.

Lawyers Franco Debono, Marion Camilleri and Yanika Vidal were defence counsel.

Inspectors Anthony Cachia and Roderick Agius prosecuted.