Our client, Ahmad Shikh, has been acquitted of charges relating to the alleged grievous bodily harm of another man following an incident in Santa Venera on 10 June 2023.
The case arose following an altercation between the parties. The complainant alleged that our client had approached him and subsequently struck him on the head with a spirit level, causing him injuries. The defence maintained a different version of events, namely that the complainant had gone to our client’s residence in connection with a dispute concerning money, confronted him, and followed him into his residence after our client sought refuge inside.
The Court’s assessment of the evidence
In its judgment, the Court carefully examined the evidence presented, including CCTV footage of the events surrounding the incident.
The Court noted that the CCTV footage did not corroborate important aspects of the complainant’s version of events. In particular, the footage showed the complainant arriving at the location by car, parking opposite the residence and approaching our client, who was already outside his home.
The Court further observed that our client could be seen behaving calmly before suddenly returning inside his residence following an interaction with the complainant.
The alleged weapon, a spirit level, was also never recovered during the investigation.
After considering the evidence in its entirety, the Court found the version given by our client to be credible and accepted the defence of self-defence.
Court finds that the defendant was placed in a position where he could not escape
The Court concluded that our client had been forced to retreat into his home for his own safety, but that the complainant continued to follow him, placing him in a situation in which he could not simply avoid the confrontation.
The Court found that, in the circumstances of the case, the danger faced by our client was “sudden, actual and absolute”, and that the circumstances supported the defence put forward on his behalf.
The Court was therefore morally convinced that the defendant’s version of events was reliable and that the defence was valid.
Acquittal
In view of the evidence and the circumstances of the case, the Court acquitted Ahmad Shikh of all criminal responsibility and punishment.
The judgment was delivered by Magistrate Donatella Frendo Dimech.
The defence team was composed of Dr Jason Grima, Dr Herman Mula and Dr Silvan Pulis.