The trial by jury of John Pace, who is being charged with the attempted murder of Cikku Fenech in a shoot-out that took place in Mosta in 2003, will start drawing to a close today, when the defence lawyers will be calling in their witnesses and presenting their case following an on-site inquiry.
The case dates back to 18 May 2003, when the two men are alleged to have fired shots in each other’s direction close to Mr Fenech’s windmill in Mosta.
During yesterday morning’s sitting, the court heard ballistic experts Brigadier Maurice Calleja and former Police Sergeant Joe Bonello give their deposition regarding the examinations carried out on the cartridges found on site following the shoot-out.
The experts told the court that the cartridges showed that two different firearms were used during the incident, namely a twin-barrel shotgun – which the police presented in court – and a revolver that Mr Fenech never handed over to the police since he said he had misplaced it after the shoot-out took place.
The ballistic experts said that four cartridges were found to be compatible with a revolver, but only three of them were used.
Brigadier Calleja gave an explanation of a mark found on the façade of a house close to the windmill. He said it was apparent that the mark, which was about three metres above the level of the road, was caused by lead fired from a revolver. This evidence is in line with the fact that Mr Fenech said he had fired high, said the ballistic expert.
The experts excluded the possibility that a bucket had been hit by lead fired from a shotgun, as Mr Fenech had claimed; rather, they said, it appeared that the marks on the bucket were the tooth marks of some animal, possibly a dog.
The empty cartridges fired from the shotgun were found about 75 metres away from the place that Mr Fenech had said he was standing at the time of the shoot-out, but this is not necessarily the exact distance from where Mr Pace allegedly fired shots, said Brigadier Calleja.
Giving a demonstration of the way the shotgun works, the former police sergeant showed that the stock of the firearm was missing. This part provides more support when using the shotgun and the expert said it is very difficult for one to aim properly when the stock is missing.
Kevin Stafrace, the owner of the shotgun allegedly used by the accused, also testified yesterday, saying he used to like to hunt and had inherited the firearm from his grandfather. He told the court he had once accidentally dropped the gun, breaking the stock in the process.
Speaking to Mr Pace at a local club about three months before the shoot-out took place, Mr Stafrace said knew he (Mr Pace) had been carrying out some wood-work and had given him the shotgun so that he could make a stock, since he wanted to preserve it in a showcase in memory of his grandfather.
An eyewitness who was on the scene of the incident, a certain Gina Vella, was the last of the witnesses called by the prosecution.
Ms Vella said she was walking by Mr Fenech’s windmill on the day and had seen a man, whom she referred to as “Spac”, arrive in his pick-up van.
She said he started calling “Cikku, Cikku, come let me speak to you” and then she saw him jumping into Mr Fenech’s field, loading his shotgun and firing six shots. She added that Mr Fenech did not fire back.
Among the other witnesses who testified yesterday, were photography experts that presented photos taken after the incident.
The prosecution declared it did not have any other witnesses to call. An on-site inquiry was scheduled for yesterday afternoon, but this was postponed and will be held this morning instead.
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.