A 61-year-old from Gharghur yesterday began undergoing a trial by jury for the attempted murder of his former business partner after allegedly shooting him with a pistol following a disagreement.

Giousue Gauci is pleading not guilty to the attempted murder of Ronald Azzopardi, from Rabat, on 8 February 2005 at the victim’s office in Sliema.

The defence claims that Mr Azzopardi pulled a gun on Mr Gauci and that their client wrested it from him. The victim, on the other hand, categorically denied this version of events and said that the accused first punched him, then fired three shots at him, one as he tried to escape down a stairwell.

The jury panel of nine yesterday heard how according to the bill of indictment, the argument was one related to business led the accused to shoot Azzopardi, who was 44-years-old at the time. Azzopardi sustained a bullet wound to the torso, but pulled through after undergoing surgery at St Luke’s Hospital.

The second count on the bill was that Azzopardi committed a crime while in possession of a firearm.

The first witness to be called to testify was investigating officer Chris Pullicino. Insp. Pullicino told the court that he had interviewed the accused when he was in police custody. He said that the accused claimed he had gone to speak to Azzopardi about payments he (Gauci) was owed, adding that it was the alleged victim who pulled the gun on him. He told the inspector that he reached over the victim’s desk and manage to wrest the pistol from his grip and fired the shots in self-defence.

Gauci told Insp. Pullicino that he had tried to collect the money he was owed from Azzopardi on several occasions, yet he was always met with excuses and promises.

On this occasion, Azzopardi offered the excuse of having some tax difficulties to resolve before being able to pay him (Gauci).

He claimed that Azzopardi told him to accompany him to the Tax Department to verify his claims. The accused believes that Azzopardi did not expect him to agree to the request and when he (Gauci) accepted, he lost the plot and pulled a gun on him.

Insp. Pullicino said that the victim had been hit in the torso, close to the armpit. He also said that the accused tried to fire another shot at Azzopardi as he escaped the office, but missed him and hit a post box instead.

Gauci told the police that he had to physically grapple Azzopardi to wrest the gun from him and once he did, two shots were fired, one towards the ground and another towards the ceiling. The victim told the officers that he had dumped the gun, which was silver or grey, in Old College Street, Sliema. The gun has not been found to date.

Gauci told the police that he had been involved in construction and tourism and that he used to own the Windsor and Crowne hotels in partnership with Azzopardi. He decided to allow himself to be bought out by Azzopardi, and two contracts were drawn up and agree on for the sum of about Lm340,000.

He also claims to have lent Azzopardi Lm60,000 about a year-and-a-half before the shooting. In his statement, he told the police that he was sorry for what he had done and hoped that Azzopardi was not seriously injured.

Police inspector Daniel Zammit told the court that he had spoken to Azzopardi when he recovered from surgery at the hospital. He categorically denied being in possession of a firearm at the time and said he did not even know how to use one. He also denied pulling the gun on Gauci.

In the afternoon hearing, forensic expert Mario Xerri said that the entry point of the bullet was in fact the victim’s back. Dr Scerri said that the injuries he suffered were not life threatening, but when prompted by the prosecution, said that he (Azzopardi) was very lucky that no other damage was done.

The last witness brought forward by the prosecution was Mr Azzopardi. He said that on the day in question, he was out on business, but received a phone call informing him that the accused was waiting for him at his office. He spoke to the accused and discussion turned to an incident where two cheques for Lm30,000 bounced. Mr Azzopardi said the accused punched him on the ear and pulled a pistol out. He said that the accused shot at him twice, but he somehow managed to get out of the way and escape down the stairs. He said he heard another shot being fired.

The victim said that he and the accused had never spoken since the incident and said that he had forgiven him for what he had done that same day and would forgive him again at the drop of a hat. He categorically denied claims by the defence that he had pulled the gun on Gauci and that he (Gauci) had managed to take it off him. He also stressed that the accused shot at him three times. Today’s session will open with the defence pleading its case.

The court is presided over by Mr Justice Joe Galea Debono while assistant attorney general Anthony Barbara leads the prosecution. Dr Matthew Brincat and Dr Arthur Azzopardi appeared for the accused while Dr Ian Farrugia and Dr Michael Sciriha appeared as parte civile for the victim. The trial continues.