A Birkirkara man began standing trial yesterday, charged with the attempted murder of another man after they allegedly both fired shots in a field in Mosta.

John Pace, 42, is being charged with attempting to kill Cikku Fenech on 18 May 2003 in a field belonging to Mr Fenech in Mosta. He is also being charged with the possession of a shotgun without a licence and with using it to shoot in Mr Fenech’s direction with the intent to kill him.

The first police officer to take the witness stand was Police Inspector Geoffrey Azzopardi, who explained that in the statement he gave the police, Mr Pace said he had agreed with a lawyer, Dr Patrick Spiteri, to take over a piece of land, consisting of a field in Mosta, in exchange for a sum of money he (Mr Pace) had lent him, but the accused did not know who the actual owner of the land was.

Mr Pace had also told the police Dr Spiteri was in possession of the land by emphyteusis for a period of 50 years and that the accused could do anything he liked with it.

Mr Pace had carried out work in the field and built a few rooms to keep some tools and and rear some animals.

The police inspector told the court that about two years after Mr Pace had started to tend to the land, Dr Spiteri had not been in a position to pay rent to Mr Fenech. The lawyer’s secretary had phoned Mr Pace, informing him of the situation and it was only at this point that the accused learnt that the land belonged to Mr Fenech.

Mr Pace was interested in paying the rent himself, if the amount was reasonable, but Dr Spiteri’s secretary told him he would have to pay about Lm1,100 every six months and he told her he was not ready to pay that amount of money.

Insp. Azzopardi said the accused had also told him that he was approached by Mr Fenech, who told him to leave his land.

On his part, Mr Pace had told him that although he had nothing to do with him, since there was no agreement between them, he was ready to leave if Mr Fenech paid him for the expenses he incurred to tend to the land, but the landowner told him that neither he had any agreement with him.

Insp. Azzopardi said Mr Pace had told him he had felt deceived by both Dr Spiteri and Mr Fenech, since the latter had been seeing him carrying out work in the field during the past two years, but had never spoken to him.

Mr Pace said that on the day of the incident, he had been to the field to carry out some work at around 8am. Mr Fenech also went to the part of the field that he tended to and worked on his tractor for a while.

The police inspector said Mr Pace had told him that at a certain point, Mr Fenech went down from his tractor and started loading a nickel-coloured revolver, at which point Mr Pace left the field and went to Burmarrad to see another piece of land that Dr Spiteri had offered him in exchange for the rest of the money he had borrowed from him.

Back in Mosta, the accused said he had gone to speak to Mr Fenech to try to reach an agreement, but he was not interested and started firing shots. Mr Pace said he had done the same.

In reply to a question by the police, Mr Pace said he did not know who had fired shots first and that he had intended to speak to Mr Fenech and had only taken a shotgun with him because he was scared of him.

Several times in the statement he gave to the police, Mr Pace said he feared Mr Fenech and that the landowner had started scaring him and insisting he leaves the field.

Mr Pace had said he was very sorry he fired the shots, particularly because of his family.

The police inspector also said Mr Fenech had told the police he had fired four shots, but refused to tell them where the firearm was and has not handed it to them till this very day.

Under cross-examination, Insp. Azzopardi said Mr Pace was emotional when he gave his statement to the police; he was very scared of Mr Fenech, who is also facing proceedings over charges of the attempted murder of Mr Pace.

Police Inspector Angelo Caruana also testified, saying that when he was arrested, Mr Pace said that on their way from Birkirkara (where he was arrested) to the police headquarters, the accused said he was a good man, but he wanted to kill Mr Fenech and if he let him go, even after a week, he would still go to try to kill him.

He said Mr Pace told him he had fired about six or seven shots, but he didn’t believe he hit him and that Mr Fenech had fired back.

Chief Justice Vincent Degaetano is presiding over the case.

Assistant Attorney General Anthony Barbara and Dr Aaron Bugeja are prosecuting.

Dr Joseph Giglio and Dr Roberto Montalto are appearing for the accused, while Dr Franco Debono is appearing parte civile.