The Malta Independent 19 April 2024, Friday
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Men accused of racially-motivated murder: 'They shot at me and continued on their way'

Tuesday, 16 July 2019, 11:33 Last update: about 6 years ago

Two former soldiers accused with the murder of Lassana Cisse Souleymane are back in court as the compilation of evidence against them continues.

Francesco Fenech, 21, and Lorin Scicluna, 22, both former Armed Forces of Malta soldiers, stand charged with killing Soulaymane, as well as the attempted murder of two other persons who were walking back home in Ħal Far back in April.

The men deny the charges of what is believed to be Malta's first racially-motivated murder.

13:23 That's it for today. The case continues on 25 July.

13:21 The court orders the body’s release after hearing the prosecution declare that the body is no longer needed for the investigation.

13:18 Lawyer Arthur Azzopardi asks that Lassana's body be released for burial.

13:17 Magistrate Farrugia confirms that this will be done under the supervision and authority of the court. A surveyor will be appointed to conduct the necessary tests

13:06 Arnaud asks the court to order the taking into evidence of a Volkswagen Golf (BUZ133, registered to Fenech), after hearing the testimony of the police witnesses. The court orders that the car be immediately seized and for all the required tests be carried out to determine whether the car was the car which appeared on CCTV at various places.

13:00 Lawyer Arthur Azzopardi wants the defence to declare that they have no objection to the appointment of Martin Bajada to examine the mobile phones, to avoid surprises further down the line. The defence has no objection, says Franco Debono.

12:59 Scicluna's car, has also been exhibited as evidence to the court.

12:59 Inspector Arnaud exhibits two mobile phones: Scicluna's iPhone and Fenech's Samsung.

12:37 The constable is testifying about CCTV footage from which they mapped out the car's movements.

12:35 The CID officer ends his testimony and Arnaud calls in his last witness for today, another constable from CID.

12:34 The police officer says that Lorin Scicluna kept repeating that it wasn't him, but Francesco Fenech, who fired the shots.

12:33 Lorin told the police about the weapon and the ammunition. The officer tells the court that Lorin was telling them: "I didn't shoot, I didn't shoot".

12:33 Lorin’s lawyer at the time, Jason Azzopardi, who was assisting the suspect during the police interrogation urged him to tell the truth. This is when Lorin started crying, the court hears.

12:32 The officer tells the court that Lorin Scicluna’s story was not making sense.

12:17 The court hears how after the incident, the car's appearance had been altered with stickers.

12:17 An officer tells the court that he gathered CCTV footage of the white Toyota Starlet driven by the accused.

12:16 Police officers from the CID are now taking the witness stand.

12:11 The witness has finished testifying.

12:11 He asks whether the man knows the accused. The witness turns to look at them and says “non, non, non” (no in French).

12:10 "From when I left the hospital, nobody tried to check up on me."

12:09 Inspector Arnaud asks whether he has been receiving any treatment.

12:09 Bah says he was taken to Mater Dei Hospital and spent around two weeks there convalescing.

12:07 “I called my friend up and told him to call the police because I'd been shot. Later the police came from Birżebbuġa.”

12:06 The friend, Ibrahima, called back. “He didn't know the number for the police,” the witness says.

12:05 “You need to call me,” Bah told his friend. 

12:03 Bah tells the court how he pulled out his mobile phone from the pocket and called a friend at home.

12:02 “I turned to look at the car,” he says, pivoting left on the stand to show how. “After they shot me, I turned.”

11:59 Bah says he did not know whether the shots came from the driver or passenger side of the car.

11:56 Arnaud asks the man which side he had been shot in the backside. The witness pats his left-hand side.

11:55 The witness reiterates that the shots came from the left hand side of where he was standing.

11:55 Once again, de Marco raises the issue that the witness is saying some words that are not being translated. The court orders the witness to speak into the microphone to be recorded.

11:54 “I don't know. The shots were coming from the witness left…”

11:52 Arnaud asks him to whom is he referring to as having shot at him and his friends

11:51 Bah says that they ran towards the fields

11:51 "The car stopped and then they shot and I turned around. They shot at me and continued on their way."

11:50 Arnaud asks what the connection between the shots and the car was. 

11:50 "We didn't think they were shots, but petards," Bah answers. He says the car passed them and stopped before the shots were fired. 

11:49 Inspector Arnaud asks where the shots came from. 

11:48 Lawyer Giannella de Marco accused him of being petulant and facetious after he said that he didn't want to be accused of adding anything to the testimony. 

11:48 Court is admonishing the interpreter for not translating a non-standard word for “white”, which the court had understood. It urged him to be practical.

11:38 An issue has arisen with the translator. The defence is accusing him of making suggestions which the inspector had not made.

11:34 The witness is unable to recall how many shots he heard. “I felt something hit my backside. I pulled down my trousers and saw a bullet wound.” 

11:34 “It passed by us and at that time I heard shots. 

11:33 The inspector asks if he saw anyone else at that time and Bah replies that he hadn't but saw a car leaving the direction of Hal Far towards Birżebbuġa.

11:32 “I spoke to my friend who told me they were petards, then we continued to walk towards where we lived in Hal Far.”

11:32 Inspector Keith Arnaud asks the witness what he saw at that time.

11:31 “I told my friend, I'm hearing sounds ahead of us. My friend said it was fireworks (musketterija).”

11:31 “I was walking with my friend and heard a weapon go poom, poom, poom. We didn't think it was a weapon at first and stopped,” Bah tells the court.

11:30 “What happened as you were walking home?”

11:29 “The court understands that the material is traumatic, but that is why we are here. Let us get on with it,” the magistrate says.

11:29 Court is urging the witness to get to the pertinent part of his testimony, as he has been giving a lot of background.

11:14 Bah is speaking French and his words and the questions are being translated.

11:13 "I left with my friend Mohammed Giallo, who is from Gambia," Bah tells the court.

11:12 He was there at the shop with friends till around 10.30pm.

11:10 On the night of the incident, he had left home to watch a Real Madrid football match at an EZBet shop in Birżebbuġa.

11:09 Bah tells the court that he came to Malta because his friend told him that the people were “friendly and there wasn't any racism".

11:08 Ibrahim Bah takes the witness stand, assisted by an interpreter. 

11:07 Magistrate Ian Farrugia is presiding.

11:06 We are in court as the compilation of evidence against Lorin Scicluna and Francesco Fenech continues. 

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