Republic vs Mifsud — Prisoner Who Attacked Cellmate at Corradino Convicted of Bodily Harm Despite Victim's Forgiveness

A prisoner at Corradino Correctional Facility headbutted and punched his cellmate in the face. The victim forgave him and tried to drop the case, but the prosecution proceeded ex officio. Convicted despite recidivism claim not being proven.

Court of Magistrates (Malta) — Criminal · Magistrate Dr. Monica Vella LL.D., M.Jur. · 21 May 2025

On 10 April 2024, Deelian Mifsud attacked his cellmate Hasam Samuel Ezzeldin in cell 13 of Division 11 at Corradino Correctional Facility. According to Ezzeldin's account to police, Mifsud slammed him against the bed, headbutted him in the nose, grabbed him by the throat, and punched him in the eye and face. The prison guard who opened the cell found Ezzeldin with facial injuries. The injuries were initially certified as grievous but on further X-ray examination were reclassified as slight — noting the victim had a pre-existing metal plate in his jaw from a previous operation. At his first court appearance, Ezzeldin said he wanted to forgive Mifsud and drop the case. The court rejected this as a basis for dismissal — prisoners face practical difficulties making formal complaints, Ezzeldin's initial statement to police constituted a de facto complaint, and the required 4-day window for withdrawal had long expired. The prosecution tried to prove recidivism but the court found none of the three prior sentences submitted met the strict legal requirements — one was a probation order, one had been appealed with no evidence of the appeal outcome filed, and one was only a reprimand.

Guilty of charge 1 — causing slight bodily harm (Art. 221(1) Ch. 9). Not guilty of charge 2 — recidivism not proven. Sentenced to 6 months imprisonment suspended for 2 years. Restraining order in favour of victim for 1 year.

• A prisoner's initial statement to prison officers or police constitutes a formal complaint even if they later say they want to forgive the attacker
• Once 4 days pass from the incident, a victim cannot unilaterally withdraw a criminal complaint for assault — the prosecution can proceed ex officio
• For recidivism to be formally proven, the prior convictions must be definitively final — an appealed sentence is not conclusive until the appeal is decided and filed
• A probation order is not a criminal conviction for recidivism purposes under the Criminal Code

Criminal Code Ch. 9 Arts. 214, 215, 221(1) (slight bodily harm), 373 (ex officio prosecution after 4 days), 49-50 (recidivism — not proven)