Issue link: https://maltatoday.uberflip.com/i/1499169
7 NEWS maltatoday | SUNDAY • 14 MAY 2023 Burton Azzopardi convicted attack on woman and her son incident, for reasons not ex- plained in the judgment, they did not file a report. Sven Azzopardi also told the police he had been involved in several arguments with the vic- tim, because he had used Azz- opardi's car in a robbery, which resulted in the car being seized as evidence by the police. He too repeated the claim that the victim had fired shots at the car, adding that he had therefore gone to "smash up his house and break his head." Court decision In a decision handed down by Magistrate Caroline Farrugia Frendo on 1 March, the court did not find any of the men guilty of attempted grievous bodily harm, ruling that while it was true that they had pelted the house with bottles, the prosecution had not provided evidence showing an intent to inflict grievous bodily harm on the woman or her fam- ily. Marlon Baldacchino together with Burton, Ryan and Sven Az- zopardi were found guilty of in- tentionally damaging the victim's car, with the court, however, not- ing that no evidence of the value of the damage caused had been exhibited. The court acquitted the men of inflicting slight bodily harm on the victim's mother, as she had not mentioned being bruised in any particular incident. They were likewise acquitted of the use of public violence when in a group of three or more peo- ple, at least two of whom were carrying improvised weapons. "It clearly emerges that although objects had been thrown, none of the defendants had attacked [the mother] or members of her fami- ly and therefore this court has no doubt in declaring all the defend- ants not guilty." Neither was guilt found with regards the charge of subjecting the victim's mother to harass- ment and threats. Crucially, the offence they were charged with dealt with the prospect of future violence, and not violence which was effectively committed. And the men were also cleared of misusing electronic telecom- munications equipment – as the prosecution had not exhibited evidence to show phone calls made by Zven Azzopardi to the woman's number – and cleared of breaching bail conditions, be- cause the prosecution failed to exhibit copies of their bail condi- tions. Baldacchino had a previous conviction for damaging the same woman's car in 2017 for which he had been handed a sus- pended sentence, and so an in- crease in punishment was merit- ed. Ryan Azzopardi had likewise received a suspended sentence in 2019, yet he was never charged with breaching it, so no increase in punishment could be awarded. Keith Azzopardi was found guilty of damaging property as part of an armed gathering and breaching the peace, and was conditionally discharged for 24 months. Ryan Azzopardi was convicted of the same, as well as with damaging third-party prop- erty, and handed a two-month prison sentence, suspended for 24 months. Marlon Baldacchino was found guilty of the same offence and jailed for two months, from which the time he spent in po- lice custody was to be deducted. Burton Azzopardi and Zven Az- zopardi were also found guilty of the same offences and were both handed a three-year conditional discharge. The court placed all five men under a three-year restraining or- der in favour of the woman. Inspector Eman Hayman pros- ecuted. Lawyers Franco Debono and Marion Camilleri assisted the defendants. magius@mediatoday.com.mt