Ordered to work 600 hours without payment after assaulting two men in Paceville
A video transmitted on TVM was instrumental in finding three bouncers guilty of grievously wounding two men in Paceville. Delivering the sentence, Magistrate Joe Mifsud declared that the case was initiated in Court following a media report.
The assault occurred in the early hours of the 21st May 2017 when Ali Alhasan and Sami Al Smadi, a Syrian and a Jordanian, were beaten while they tried to enter an entertainment establishment in St George’s Street.
Six Maltese men – Simon Cassar, William Briguglio, Carmelo Zammit, Carmel Sghendo, Jurgen Sghendo and Ezekiel-Gorg Mintoff were charged with the assault. Other charges included breaching public peace and working as unlicensed private security officers.
One of the men was hit by a bottle, stabbed and pushed into a glass door
It emerged in Court that two incidents occurred within a few minutes apart, but the first was not filmed on camera, and that Ali Smadi was not able to clearly identify the aggressors. No persons were brought as witnesses on the incident and therefore the Court could not decide on this alleged aggression.
However, the Court could decide on the testimony of Alhasan, who was clear and consistent when he described the incident and identified Cassar as the one who hit him with a bottle and Jurghen Sghendo who pushed him against a glass door. This was compatible with the injuries he suffered and a stab wound in his hand. He wasn’t however certain who stabbed him – a factor which the Court considered as a more credible testimony.
Video footage showed the second incident, with the aggressors clearly identified
The prosecution said that in the video showing the second incident, Al Smadi is seen speaking with the bouncers, including with Zammit, when Briguglio came from behind and delivered a flat blow on his head. Immediately, Mintoff approaches him and delivers punches until the man falls unconscious on the ground.
Alhasan and Al Smadi suffered grievous wounds, including a face disfigurement, while Al Smadi had broken bones around his eye.
The Court considered that persons seen in the footage passing by were not afraid and therefore there was no breach of public peace.
No proof that the accused worked as bouncers
As to the accused licence as private security, the Court considered that Carmelo Zammit has a private security licence and a permit to work at an entertainment place, while the rest either did not have permit to work at an entertainment place, or had an expired licence or even no licence.
However, the Court said that no evidence was presented that the five men were working as private security, and the Court cannot assume this fact simply because they were dressed in a black T-shirt and were in front of an establishment. Therefore they were acquitted on this charge.
One of the guilty men is a relapser
Finally, William Briguglio, Carmelo Zammit and Carmel Sghendo were acquitted of all charges. Simone Cassar and Jurgen Sghendo were found guilty of grievously injuring Alhasan, while Mintoff was found guilty of grievously injuring Al Smadi and Alhasan. Sghendo was found guilty of being a relapser
They were ordered to carry out 600 community service hours between them without any payment – Cassar 150 hours, Sghendo 200 hours and Mintoff 250 hours.
They were also ordered to pay €588 each in experts costs and a €2,000 guarantee not to approach Al Smadi and Alhasan.
Aġġornat – jallegaw li qalgħu xebgħa mill-bouncers ta’ bar f’Paceville
FILMAT ESKLUSSIV – żewġt irġiel jaqilgħu xebgħa minn bouncers f’Paceville