An Italian man who was robbed at gunpoint in St Julian’s in January 1993 and who handed over Lm150 in cash to the robber seconds after his business partner had been shot yesterday pointed at the accused – Melchior Spiteri – and said: “I’m sure it was him. How can you forget that face?”

Italian national Silvano D’Agostini was testifying in the compilation of evidence against Melchior Spiteri, 31, from Cospicua, who stands charged with the murder of Italian chef Vittorio Cassone in his shop in St Julian’s on 13 January 1993 at 6.30pm. He is also charged with armed robbery, holding Mr Cassone and other people against their will and with stealing money and items from the shop. Spiteri is also charged with possession of a firearm without a licence, with firing the weapon in a residential area and with relapsing.

Mr D’Agostini explained that on the day in question, he was in the shop with Mr Cassone and another employee – Marco Russo – and there was also a female customer there at the time. He said that a man stormed into the shop in Birkirkara Road with a woman’s stocking covering his head. He said the individual was brandishing a “very small” pistol, that “looked like a toy”.

He said Mr Cassone had his hands up in the air and when he (Mr D’Agostini) turned to get a knife with which to threaten the robber, he heard a shot and saw Mr Cassone fall to the ground. Mr D’Agostini said he opened the cash register and gave the robber around Lm150 in cash and the robber fled the scene. He said there was no blood visible on Mr Cassone’s clothes, but when he opened his shirt he saw a hole in the region of his heart.

The following day he was called to the police depot to identify people in an identification parade. “As soon as I saw him, I immediately recognised him. At the time I said I was 99 per cent sure because I was scared to say I was 100 per cent certain. I was scared because people say that in Malta prisoners get out of jail easily and after a short period of time. I immediately said it was him, and I even recognised him when the people in the ID parade were asked to wear the stocking. I was more than sure it was him,” Mr D’Agostini said, testifying in Italian.

When asked how he could be so certain, Mr D’Agostini said: “Because of his eyes, his fair complexion and his facial features. How can you ever forget that face? I gave him the money myself. He was one metre away.” Looking at him sitting in the dock, Mr D’Agostini said: “He has changed a lot, but I’m sure it’s him.”

Later in his testimony, Mr D’Agostini confirmed that three years after Mr Cassone’s murder, he began a relationship with Mr Cassone’s wife and has been with her ever since. “It’s as if he (Mr Cassone) knew something was going to happen. Some days before he told me to take care of his wife and his family if something happened to him. I never discussed the case with Mr Cassone’s wife or his children,” he said.

Testifying earlier in the sitting before magistrate Miriam Hayman, Police Inspector Chris Pullicino explained that in 2003 he received instructions to review several cases, one of which was the Vittorio Cassone murder. He said he spoke to Victor Testa who at the time had been arrested by police when they found gun shot residue on his clothes. Mr Pullicino said Mr Testa told him that on the day in question, Melchior Spiteri had called him and asked for a lift.

He said he gave him and some other friends a lift and while they were driving, the passenger sitting behind the driver’s seat had fired a firearm from the driver’s window. He said he had pulled over to the side and ordered the men to get out of his car. Mr Pullicino said Mr Testa’s alibi was strong and the police had started looking at other theories.

Mr Pullicino said that when he spoke to Mr D’Agostini, he told him that way back in 1993 he had been too frightened to say he was 100 per cent certain that it was Melchior Spiteri who had shot Mr Cassone in cold blood on that January evening. He told him that now he was certain and wanted to get it off his conscience. The police inspector said this was strong evidence for charging Spiteri in court in connection with this murder.

Assistant Commissioner Manwel Cassar also testified yesterday. He said he was a police inspector in 1993 and had investigated the case. He said that since the police could only charge someone in court when they had evidence that went beyond reasonable doubt, they could not charge Spiteri as Mr D’Agostini had said in 1993 that he was only 99 per cent sure.

He said the police had carried out eight identity parades – four with the men wearing a nylon stocking on their head and four without.

During yesterday’s sitting, the prosecution and the defence spent a long time arguing over photographs that form part of the case file, since only four of eight photographs taken at each of the ID parades were in the file. The court ordered AC Cassar to submit these photographs and notes taken by then magistrate Carol Peralta during the parades.

The case continues.

Police Inspector Chris Pullicino prosecuted while Dr Franco Debono appeared for Spiteri.