The prosecution team's version of events and that of the defence are turning out to be conflicting in the case of a 25-year-old man who is facing a trial by jury over an attempted burglary which took place eight years ago in the Qormi home of an 81-year-old woman who sustained permanent injuries in the ordeal.
While the prosecuting team is saying that the woman identified her aggressor, Jonathan Felice, four times, twice in an identity parade, another time on being shown photos of the accused, and one other time when she was giving testimony in a magistrate's court, the defence is arguing that the woman said one thing to forensic expert Mario Scerri on being examined and another thing soon after on being interviewed by another court expert, John Sacco.
The accused was just 17 years old when he allegedly broke into the home of Dolores Debono in the afternoon of 27 June, 2006, along with two other men. Until yesterday, there was a ban on his name but today a court decided that his name can be published.
He faces three charges in total, including causing grievous bodily harm under article 218 of the Criminal Code, which applies in cases where the injuries caused lead to permanent debility or permanent disfigurement, a charge punishable with imprisonment for a term from nine months to nine years, but increased by up to two degrees in cases where the harm is committee on a person who is over the age of 60.
The most serious charge, however, is attempted theft, a charge which is aggravated due to the circumstances. Theft aggravated by the infliction of bodily harm as specified by article 218 is punishable by a term of four to twelve years: the sentence is reduced by one or two degrees since it was an attempted theft, but also increased by one or two degrees when the victim is elderly.
The third and final charge is of causing slight injuries to the victim.
Ms Debono is still alive but the 89-year-old did not physically testify in court due to her age and health. However, her testimony during the compilation of evidence was presented in court. She had testified in front of a magistrate's court. This is one of the times when she identified the accused as being one of her aggressors.
Lawyers Giannella Busuttil and Nadia Attard are prosecuting on behalf of the Attorney General's Office. Dr Leslie Cuschieri is defending the accused.