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Five in court over Waterport incident

Photo by Johnny Bugeja.

Five local men who were arrested following a brawl outside the petrol station in Waterport Road at the weekend pleaded not guilty to violent disorder before the Magistrates’ Court on Monday morning.

Footage of the incident was circulated across social media on Saturday afternoon and the Director of Public Prosecutions, Christian Rocca, QC, told the court the incident arose from an alleged “vendetta”.

The five, including a 16-year old juvenile, were remanded in custody since their arrest.

Mark Macias, 30, of Laguna Estate, Calum Brayson, 18, of Laguna Estate, Daniel Bates, 20, of Varyl Begg Estate, and the teenager were remanded in custody by the court.

Mr Macias pleaded not guilty to discharging a firearm, violent disorder and possession of a prohibited weapon.
He pleaded guilty to possession of cannabis and resisting police.

The court heard Mr Macias allegedly got out of his car and brandished a firearm before driving off, which caused those in the vicinity to fear for their safety, Mr Rocca said.

His co-defendant, Mr Brayson, was charged with causing harm by furious driving, driving without insurance, driving without a licence and violent disorder.

He denied all charges.

It is alleged he drove into Luie Gavizo, and flung him in the air before driving off towards Queensway.

Mr Bates and the teenager also pleaded not guilty to one charge of violent disorder each.

Mr Rocca told the court Saturday’s incident took place while the defendants were on bail for other offences and alleged there was a “complete disregard” to bail conditions imposed by the court.

He said there was a “serious risk of reoffending” and that these were “very serious offences”.

But defence lawyer, Ian Watts, who appeared for Mr Brayson, said this was a “high profile matter” and that his client to abide by conditions imposed by the court.

Christopher Brunt, who appeared for the teenager, Mr Macias and Mr Bates asked the court for a curfew for his client.

This was rejected by the Lay Bench who remanded the four defendants in custody until November 23.

Their co-defendant, Luie Gaivizo, 27, of Mid Harbours Estate, pleaded not guilty to one count of violent disorder and another of possession of an offensive weapon, namely a screwdriver.

It is alleged he used the screwdriver to threaten one of the other defendants, which led to an escalation in violence.

During the incident, Mr Gaivizo was hit by a vehicle and flung to the ground, prosecutors said.

His lawyer, Justin Rodriguez, told the court this was a “premeditated” and “intended to cause serious harm”, adding that his client was an “innocent party” in all of this.

He said that a screwdriver was never found by the police following the incident.

Mr Gaivizo was bailed out to a sum of £1,000 on his own recognizance and will next appear before the court on January 10.

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