A man who is still awaiting his trial by jury in connection with a shootout in Mosta in 2003, yesterday filed a judicial protest in court holding the authorities responsible for not summoning the only person who witnessed the shootout and who could have shed light on the dynamics of the incident.

The shootout took place on 18 May 2003 in Mosta. In connection with this case, John Pace was accused of attempting to murder Cikku Fenech while Mr Fenech is awaiting trial for the attempted murder of Mr Pace.

Following his trial by jury, Pace was declared not guilty of trying to kill Mr Fenech by allegedly shooting a firearm in his direction, but was jailed for 21 months for possessing an unlicensed firearm.

In his protest, filed against the Attorney General, the Justice and Home Affairs Minister and the Police Commissioner, Mr Fenech referred to the testimony of a certain Paul Bugeja, who witnessed the shootout. Mr Bugeja testified in the compilation of evidence against Mr Fenech but was not summoned to testify in Pace’s compilation of evidence and the trial by jury which came to end a few weeks ago.

Mr Fenech said Mr Bugeja’s testimony was important for the prosecution since he provided a detailed description of what happened that day.

In his protest, Mr Fenech claimed that this failure to produce such an important witness did not only prejudice his case but also had an effect on the administration of justice in Malta.

He held the authorities responsible for the damage he sustained and may sustain as a result of this decision.

Dr Franco Debono and Dr Charmaine Cherrett signed the writ.