The man who was shot at by the former driver of Manuel Mallia told a court today that Paul Sheehan was in a rage and he was convinced that the man was going to shoot him.

Stephen Morrison Smith was testifying in the compilation of evidence against Paul Sheehan, the former driver of Minister Manuel Mallia, who is accused of attempted murder. He is also accused of causing Mr Smith fear that violence would be used against him, causing wilful damage to his vehicle, possessing a firearm during the commission of a crime, using it in a public place without authorisation and committing a crime he was duty-bound to prevent. He is pleading not guilty to all charges and is being held in custody.

Mr Smith said he was at the Black Gold bar and restaurant in Sliema and left at around 8.30pm. He was heading home but had to stop to buy a packet of water from a confectionery shop in Gzira. He miscalculated and clipped the mirror and the door of a parked car. Mr Smith said he stopped to get the details of the owner of the other car but a man came out of a house and was shouting aggressively at him. The man was holding a gun. "He was in a fit of rage. I was convinced he was going to shoot me. I genuinely feared for my life and I fled the scene." Mr Smith said that Sheehan did not identify himself.

As he started to turn the first corner he heard the first shot. Another shot rang out as he cleared the corner. Mr Smith said he was unaware at the time that his car had been hit. "My intention was to get away from him." Mr Smith said he realised soon after that the black car was chasing after him. He turned towards the regional road roundabout and headed towards the tunnels. "I don't know what happened. My car just stopped inexplicably - it lost all power." Mr Smith said he then saw flashing blue lights approaching and he felt relief.

"Then, to my surprise, a policeman confronted me, I was asked to lie face down on the road and handcuffed. At the time I did not know what was happening, I was still in shock."  He was later taken to three police stations, Sliema first. He accepted to do a breathalyser test only when a Magistrate was present.

 

Witnesses did not see beer bottle

Three civilian witnesses also testified today. None of them recalled seeing Mr Smith holding anything in his hands. Mr Sheehan had alleged that Smith confronted him with a beer bottle. Lidgia Farrugia Sammut, an eyewitness who lives in Gzira, said she was walking her dogs with her mother when they came upon what looked like a car accident in Edgar Bernard Street. She then saw a man with a gun in his hand. She took out her mobile phone and started filming the incident. The witness said she the driver of the first car was not holding anything in his hand. She could see his hands clearly because he was leaning against the roof of the car. The other man - who was standing near a car with GM 14 licence plates - was shouting over the phone. At this point in time the gun was pointed at the ground. The woman, who is a foreigner, said she could not understand what the man with the gun was saying.

The first man then got into his car and sped away. The other aimed his gun and fired two shots in quick succession. Her mother realised that the first shot hit the car and the two thought the driver had been hit when the car slowed down.

The witness said some time later she was approached by a man who started asking questions. She told him about the incident and mentioned that she had filmed it. He then asked to see the video but her first instinct was to hide it. The car then drove away. A friend advised her to delete the video but she later retrieved it and handed it over to the court experts.

The woman's mother, Lidgia Sammut, said the two men seemed to be arguing over a car accident. The first man (Mr Smith) was leaning against his car and his hands were empty. Then, he drove off and the second man fired two shots in his direction. He had to move towards the middle of the street to get a clear shot.

Claudia Nicastro, another witness, said she was in her kitchen, which overlooks Triq il-Wied tal-Kappara. She heard shouting and looked outside. She heard one of the men asking the other why he had a gun in his hand. The other replied that it was because he had tried to assault him. One of the men got into his car and sped off and the second man shot at the car twice. The witness also did not recall seeing the first man holding anything in his hands.

 

Smith's car was loaded onto truck despite order to preserve evidence

Superintendent Alexandra Mamo said she told officers at final scene of the crime - the Regional Road tunnels - to preserve the site but when she arrived Mr Smith's car had already been loaded onto a truck. She was told that the order came from Acting Police Commissioner Ray Zammit. Both cars were damaged but Mr Smith's car had two holes - one on the rear mudguard and another on the back part of the roof. She was told the weapon had been placed inside the luggage boot of Dr Mallia's car.

Mr Sheehan accompanied the investigators along the route of the incident but said he did not remember the exact place where he fired his weapon. The Superintendent was informed that the spent cartridges were not found. It was later confirmed that Mr Sheehan's gun had 15 live bullets left out of a total of 17.

Stephen Morrison Smith was taken to the St Julian's Police Station for a breathalyser test which he refused. Later on a test was performed in the presence of a Magistrate and the result was 109mmg, which is over the limit. Mr Smith asked for Manuel Mallia to be his lawyer but was told that Dr Mallia was the Home Affairs Minister.

Stephen Smith was interrogated on 20 November where he said he had miscalculated and hit a dark car. When he got out he there was a whole scene as a man came out brandishing a gun. Mr Smith told him to put the gun away and, because he was scared, he fled the scene. He heard two shots and soon after realised that he was being followed. Smith told investigators that he was driving through the tunnel when his car lost power. He saw the dark car behind him but felt relieved when he heard police sirens. When the police cars arrived, he was arrested.

 

Sheehan says he shot at Smith's tyres

In the meantime, Paul Sheehan gave a five-page statement to the police. He said he was on duty with the Minister and, at the time of the incident, he was at his mother's house. He heard a noise and looked outside. A resident told him that someone had hit one of the cars parked in the street. He went back inside and grabbed the car keys and his gun. He chased the other car down Sliema Road and then Nazju Ellul Street. He claimed that Smith tried to push him to the side of the road. Once stopped, Mr Smith got out and threatened him with a beer bottle. He then got back into his car and drove away. At this point Mr Sheehan fired at his tyres. He said, in his statement, that he had fired at Smith's car because the Briton was a danger to himself and to others. Sheehan followed Mr Smith until he stopped him under the Regional Road tunnels. Sheehan said some civilians helped him apprehend Smith until the RIU officers arrived.

 

Mallia's car did not have GM number plates under the tunnel

Replying to questions by Lawyer Joseph Giglio, who is appearing for Mr Smith, the Superintendent said the Dr Mallia's car did not have the GM plates on when she arrived under the tunnel. The car had two sets of plates: GM14 and AQZ 853.

Inspector Saviour Baldacchino said he immediately noticed that Mr Smith's car had been hit twice when he arrived on site. They took Sheehan to the scene of the shooting and he explained during the drive. The spent cartridges were not found. This was around one and a half hours after the shooting.

The Inspector noted that, in the telephone recordings, Mr Sheehan was at no point heard cocking his firearm. Procedure dictates that the weapon should be carried uncocked.

Later on, with the help of the eyewitnesses, the police identified Daniel Grech as the man who asked them about the video.

Major Joseph Farrugia from the police's HR office said Mr Sheehan joined the force in 1992 and he was authorised to carry firearms.

PC Eman Grima, who was on duty at the Control Room, picked up Sheehan's call. Mr Sheehan wanted them to send the RIU but the policeman told him that a hit and run did not merit sending them to the scene. Mr Sheehan, however, said the Minister was with him and insisted on sending the RIU.

 

Magistrate to decide on bail

Mr Sheehan requested bail. His lawyer Edward Gatt said his client had earlier been denied bail for fear of tampering with evidence but all civilian witnesses testified today. The prosecution did not object to the granting of bail but Magistrate Aaron Bugeja said he would rule on bail in chambers. The case will continue on Friday.

Lawyer Edward Gatt is appearing for the accused. Superintendent Alexandra Mamo and Inspectors Saviour Baldacchino and Jesmond Micallef are prosecuting. Dr Joe Giglio is appearing for Mr Smith.