The Malta Independent 10 May 2024, Friday
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Attempted Murder trial: Accused and victim face off in court

Malta Independent Wednesday, 18 June 2008, 00:00 Last update: about 12 years ago

A 61-year-old accused of attempting to murder his business partner yesterday exercised his right to testify in his own defence in a trial by jury, claiming that the alleged victim pulled a gun on him and he acted in self-defence.

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 has heard how according to the bill of indictment, the argument was one related to business and 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.

Yesterday’s session kicked off with an onsite inquiry at the office where the shooting took place. Ronald Azzopardi told the jurors that Gauci came to his office and sat down in front of him. They spoke for a short while after which, claimed the victim, Gauci got up and punched him in the ear. “I asked him why he did it,” said Mr Azzopardi. “He then stepped back and pulled a gun on me. I tried to escape, but he shot me in the back as I turned. I heard another shot as I was about to step outside the front door,” he said.

Gauci then took the stand when the jurors returned to court. He said that on the day in question, he had gone to pick up some debts from Azzopardi, who as usual, fobbed him off with excuses. He said that Azzopardi told him he had a problem at the Tax Department and invited him to go with him if he did not believe it. Gauci accepted.

“As soon as I said I would go with him, he pulled a gun on me. I was shocked but I managed to recollect my senses and lurched for the gun,” said Gauci. He said that the two of them scuffled and when Azzopardi grabbed him on his right side, he shot him with the pistol which was in his left hand. Gauci said that he froze after shooting Azzopardi and the gun accidentally went off when he was trying to leave the building. He denied taking aim and firing another shot at Mr Azzopardi as he was trying to flee. Gauci said he set off towards San Gwann as he lived in Gharghur and claimed he dumped the pistol in Sliema. He said he then spoke to his brothers as he was still in shock and they told him to turn himself in at a police station.

His brothers picked him up, but they were contacted by police who met them en route and took the accused into custody.

There was a total of three witness confrontations requested by the prosecution yesterday. In the first instance, Azzopardi said that he felt that Gauci threatened him once on new year’s eve by saying: “God willing, this will not be the last year you will see through.” The second confrontation was about the alleged scuffle between the two men and the third was about the second shot fired. Both men stuck to their stories. Gauci almost lost control of his emotions a few times in the trial yesterday, tears wetting his eyes on more than one occasion. Final submissions and summing up will be the order of the day before the jury is sent to deliberate its verdict late today or tomorrow.

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.

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