Broke statuette on man’s head and refused to pay him – receives 20-month sentence
A man has been sentenced to 20 months behind bars after being found guilty of beating up another man and grievously injuring him following an argument about payment for work which the latter had carried out on a boat.
The Court heard the victim, a 78-year-old man, state that last summer he had been asked to carry out some work on two boats by Emanuel Esposito.
The elderly man explained that the second task requested by Esposito could not be carried out properly as the boat was at sea, and even his tools had ended up falling into the water, at which point he asked Esposito to pull the boat ashore to enable him to carry out the task.
The elderly man added, however, that Esposito did not pull the boat ashore, and meanwhile he did not even settle up for the other works the man had already carried out.
The elderly man further stated that he had gone to Esposito’s house to collect his due, and had asked for 50 euro. Both men then started arguing, with the man stating that at one point Esposito grabbed a clay statuette in his hallway and broke it on the man’s head, after which he continued punching and kicking him until he threw him out of the house.
The elderly man was certified to have suffered a 5% permanent disability as a result of a fracture to his side, as well as a facial laceration, which injuries are considered as grievous.
In Court, Esposito denied ever having quarrelled with the elderly man or beaten him, and also denied that the latter had ever carried out some tasks for him. He admitted, however, to owning two boats like those described by the victim.
The Court, Magistrate Donatella Frendo Dimech presiding, described Esposito’s testimony as “lacking in detail and very dry.” The Court also noted that the accused appeared uncomfortable when giving evidence, and could not explain why the elderly man had to invent this story about him.
Besides handing down a 20-month sentence, the Court also ordered the accused to pay 7,000 euro to the victim for the offences sustained by the victim, as well as 425 euro in Court expert expenses. Accused was also bound by a three-year restraining order.