Cikku Fenech, the Mosta farmer and landowner involved in a shoot-out in one of his fields in Mosta on 18 May 2003, was one of yesterday’s main witnesses in the trial by jury of John Pace, who is being accused with Mr Fenech’s attempted murder.

Taking the witness stand before Chief Justice Vincent Degaetano in the Criminal Court, Mr Fenech insisted he fired shots on the day of the accident to defend himself, because he could not trust Mr Pace.

The landowner said he had rented a piece of land (for about Lm6 a day) to lawyer Patrick Spiteri, who had told him that Mr Pace was an employee who carried out work in the field.

Referring to Dr Spiteri as a “gentleman”, Mr Fenech told the court that at a certain point in time, the lawyer told him he had some financial difficulties and could not pay his dues to the landowner.

About two days before the incident took place, Mr Fenech said, he told the accused that Dr Spiteri was going to go to speak to him about the matter, which he did, agreeing that the lawyer was going to try to find an alternative section of land for Mr Pace to work on.

Mr Fenech said he had only learnt that Mr Pace had started working in the field a couple of months before the incident took place.

Explaining to the court his version of the events as they unfolded on the day of the incident, Mr Fenech said he had seen Mr Pace behind the wall surrounding his field; “he looked suspicious and seemed like he was hiding something he was holding,” stated Mr Fenech.

He said Mr Pace was calling to him agreeably – much to his surprise – saying he wanted to speak to him, but when Mr Fenech told him he could speak to him from the area behind the gate at the entrance of the field, “Mr Pace’s attitude changed, he started shouting, saying he would go himself since Mr Fenech refused to go to speak to him.”

The witness said he reproached Mr Pace, warning him not to go any further and to leave the firearm he was holding on the wall, but the accused continued approaching him and told him: “illum l-ahhar li rajt hawn” (this is your last day here).

“I was standing behind a water tank and Mr Pace first fired two shots, then a further two – the most dangerous ones since he was closer – at that moment I feared death, but I was lucky enough that the shots missed me,” stated Mr Fenech.

It was at that point that he said he picked up a revolver that was placed close-by and fired four shots to scare Mr Pace, who then went behind a tree and fired the last three shots, which were the least dangerous since he was further away.

Mr Fenech added that he noticed that Mr Pace’s shotgun had a missing chip, which “was probably how I was saved, since it is very difficult to aim with such a shotgun having a missing chip, from a distance”.

The landowner went on to tell the court that before leaving the field, Mr Pace told him he would find him on some other occasion (“tibzax, insibek”).

Under cross-examination, Mr Fenech denied he fired shots himself first and that he went to wash his face to remove any lead traces after the shoot-out. He also told the court that he left the revolver running around, but did not quite know where he left it.

Police Constable Josianne Buttigieg also testified in court, saying that following necessary verification regarding the shotgun’s registration, the firearm used by the accused was not licensed.

Lawyer Patrick Spiteri also testified yesterday. Expressing deep respect for Mr Fenech, he told the court he had rented a section of land from the farmer, on behalf of Foresight Holdings Limited, which he owned in full.

While the aim of the rental of this land was its commercial development, Dr Spiteri said this was never actualised and some time during the year 2000, he said he had agreed with Mr Pace for the latter to tend to the land, in exchange for some work he carried out at the lawyer’s office in Ta’ Xbiex.

Mr Pace had built three rooms in the field and although they were not built with neither Dr Spiteri’s nor Mr Fenech’s permission, they had never objected to this.

The last payment Dr Spiteri said he paid Mr Fenech was on 26 March 2002, when he paid rent for the following six months. The lawyer had informed Mr Pace of this situation, telling him he would have to leave in September, although he declared that Mr Pace had told him he was happy with the work he carried out in the field and that he would have liked to stay on.

On 17 May 2003, the day before the incident took place, Dr Spiteri said he had met Mr Fenech, together with friends of his, while Mr Pace was also on site, although he kept a distance “to avoid any problems”.

The lawyer said the amount of Lm500 was mentioned and it was agreed that this would be paid to Mr Pace for the work he had carried out in the field.

Dr Spiteri said he had wanted to pay this amount of money himself, since he felt obliged to do so, although Mr Fenech had also insisted he wanted to pay this amount.

That same day, Dr Spiteri said, Mr Pace had asked for his permission to go to Burmarrad to view some land belonging to the lawyer, which he had mentioned to him as an alternative to Mr Fenech’s field.

Dr Spiteri told the court he had explained the location of the land to Mr Pace and he was told that the accused had in fact been to Burmarrad.

Mr Pace had also told the lawyer not to worry about the Lm500 he was owed, saying he would see to the matter himself. Dr Spiteri claimed he was not under the impression that this could possibly lead to any problems between Mr Pace and Mr Fenech.

The case continues today.

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.