Copyright maltatoday
A 31-year-old man has been sentenced to three years imprisonment for his role in a violent incident outside a Msida bar in October 2020, in a case heard before Magistrate Caroline Farrugia Frendo. Mustafa Ahmed Mohammed, a Somali national residing in Ħamrun, was found guilty of causing grave injuries and breaching public order but acquitted of charges relating to an accidental fight. The court deducted time served in preventive detention from the sentence. The incident occurred on 13 October 2020 around 10:20pm, beginning inside the Eureka Bar on Triq Makna tas-Serrar and continuing outside towards Rue d’Argens. According to testimony, the victim, barman Yousif Ghebrekidan Fasi, had asked the accused to leave as the bar was closing. A verbal confrontation escalated into a physical altercation. The court heard that Yousif fled the bar in fear, pursued by Mustafa and two other men. Outside, the men allegedly pushed, punched, and held the victim, during which he sustained stab wounds. While the victim could not identify which of the three delivered the knife wounds, the court ruled that Mustafa’s active participation in restraining the victim rendered him criminally liable for the injuries. Medical reports confirmed the victim suffered two stab wounds to his back, one of which required stitches and left permanent scarring. The injuries were classified as grave but not enough to constitute an “offiża gravissima,” as they did not affect visible or vital areas of the body. Mustafa himself suffered minor injuries during the confrontation, including wounds on his hand and shoulder. Despite the accused’s claim that he attempted to separate the fight and that another man wielded the knife, the court rejected his defence. The magistrate noted that the pursuit of a fleeing victim constituted premeditated aggression, rather than an accidental brawl. The charge of breaching public order was also upheld, as the incident caused a disturbance in a public place. The court further noted that Mustafa was a recidivist, citing a prior conviction in July 2019 for which he had received a three-year sentence. In addition to the prison sentence, the court imposed a restraining order in favour of the victim for three years. Mustafa was also ordered to pay €2,305.20 in court expert expenses within one year, covering fees for the Forensic Science Laboratory, medical experts, and investigators. Failure to pay would result in the amount being converted into additional imprisonment. Superintendent Jonathan Ransley led the prosecution, assisted by Inspector Jeffrey Scicluna.
