The man allegedly struck by an iron bar being wielded by a tow truck driver who had blocked his garage has described the incident from the witness stand in court today.
Magistrate Ian Farrugia presided as the compilation of evidence against Leonvic Fenech, 23, from Santa Venera, continued on Monday. Fenech is charged with grievous bodily harm as well as dangerous driving, after allegedly attempting to reverse onto the victim.
The injured man told the court how he had been unable to park his car in the garage on October 7 at 7am, because the entrance was blocked by a parked tow truck. This was a regular occurrence, he said, and so he had rung the doorbell at a neighbouring property to ask whether the vehicle’s owner was there and whether we could move it.
He said the defendant had opened the door and told him that he didn’t know. When the victim insisted, Fenech had replied “leave me alone so I can go to sleep,” and pushed him out of the doorway with both hands, before attacking him with an iron bar normally used to lever his car’s hydraulic jack.
Two men who had been passing by had attempted to calm Fenech down, he said, but in vain. Fenech struck the man on his right thigh, causing a wound that was later classed as grievous.
As a small crowd gathered, Fenech had climbed into the tow truck and drove off, only to return, moments later, and attempt to reverse on to the victim, who told the court that he was forced to jump into a recessed doorway to avoid being run over.
The police had arrived shortly afterwards and arrested Fenech.
At the end of his testimony, the victim told the court that he was not after his pound of flesh and wanted to go back to having a good neighbourly relationship with the defendant.
During today’s sitting presiding magistrate Ian Farrugia dictated a note to record that he had received a phone call before the sitting from one of the defendant’s family members, a former client of his in his days as a practising lawyer.
The magistrate had hung up as soon as he realised who the caller was. He rebuked the woman, Rita Briffa, for having done so. Briffa, who was present for the sitting, apologised to the court.
Representatives for the prosecution, defence and parte civile issued a joint verbal note affirming their “utmost faith” in the magistrate’s integrity and stating that they had no objection to him continuing to hear the case.
At the end of today’s sitting, Fenech was granted bail against a €1,000 deposit and a €2,000 personal guarantee, also being ordered to sign his bail book on a weekly basis.
Inspector Sarah Kathleen Zerafa prosecuted, assisted by prosecutor Rebekah Spiteri.
Lawyers Ishmael Psaila and Roberto Spiteri are defence counsel. Lawyer Franco Debono is appearing parte civile for the victim.
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