Simshar survivor cleared after his brother forgives him for assault
The sole survivor of the 2008 Simshar tragedy has been spared jail over a domestic violence incident with his brother who refused to testify against him in court, stalling criminal proceedings.
Simon Bugeja, 50, from Marsaxlokk, was cleared of seriously injuring his brother during an altercation in December 2022 after the prosecution’s main witness refused to testify against his brother.
Bugeja made headlines in July 2008 when he survived seven days at sea without food and water after an explosion on his fishing vessel, Simshar. The tragedy left four people dead: Bugeja’s father, Karmenu, 61; Noel Carabott, 33; Somali Abdulrahman Abdala Gedi, 21, while the body of Bugeja’s 11-year-old son, Theo, was never found.
Bugeja was arrested in December 2022 shortly after a physical altercation with his brother, Marvin, outside their shared block of flats in Marsaxlokk.
Police Inspector Sherona Buhagiar told the court that Marvin was the first to file a police report against his brother, telling the police that Simon had assaulted him with floor tiles. He claimed that he had to use a wooden pallet he found on the ground to defend himself from the attack. He suffered serious injuries to his hand in the assault.
He told the police that his mother had demolished her house and built a block of apartments, with the mother, the two brothers, and the mason taking one apartment each.
On the day of the incident, while workers were on site, Simon Bugeja turned up and was angry at him because he usually took care of these things himself. He wanted to send the workers away.
According to Marvin Bugeja, his brother suddenly aggressively turned towards him with floor tiles in his hand, telling him that he was not intimidated by him, and assaulted him with the tiles. The physical fight continued until workers and passers-by separated the two brothers.
When an arrest warrant was obtained and Simon Bugeja was arrested, he told police it was his brother who had assaulted him, hurling the wooden pallet at him. He too had suffered injuries, which were classified as being of a slight nature.
When proceedings continued last week before Magistrate Nadine Lia, Marvin Bugeja refused to testify against his brother, telling the court that it was an isolated incident that never happened again since and that he had forgiven his brother.
The court declared the proceedings extinguished due to lack of evidence and Simon Bugeja not guilty of the charges brought against him.
Lawyers Franco Debono and Marion Camilleri were defence counsel.