The trial by jury of John Pace is expected to draw to a close today, as jurors will be retiring to deliberate the case following an address by the presiding judge.
Mr Pace, 42, from Birkirkara, is standing trial for the attempted murder of Mosta farmer and landowner Cikku Fenech in a shoot-out between the two men on 18 May 2003. 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.
While Mr Fenech had managed to escape unharmed, he had also fired a number of shots and Mr Pace had fled the scene.
Yesterday morning jurors spent close to three hours in the area surrounding Mr Fenech’s windmill in Mosta, analysing the site and asking various questions regarding the incident that took place almost four years ago.
One of the witnesses called in by the defence, Police Inspector Paul Bond, told the court yesterday that Mr Pace had approached him, telling him that Mr Fenech used to tell him to leave the field whenever he went there and that he was “very scared” of him, also because he was armed.
Former policeman Gerald Manfre’ also took the witness stand, saying he knew
the accused from Msida,
particularly the local football club. Mr Manfre’ said that about a month or so before the incident took place, Mr Pace had sought his protection, saying he was scared and worried that he was being followed by Mr Fenech, whom he said had a firearm.
Dr Joseph Giglio, one of the lawyers representing the accused, addressed jurors, explaining the weaknesses
of the prosecution’s case and the lack of moral conviction it presents.
He particularly insisted on the fact that according to police officials’ testimonies, it was clear that Mr Pace’s statements that he wanted to kill Mr Fenech, while he was being driven to the police headquarters in the police car following his arrest, were expressed out of a strong sense of fear.
Dr Giglio also made reference to the ballistic experts’ testimony, regarding the lack of lead traces on various items in Mr Fenech’s field. The alleged victim had indicated the distance from where Mr Pace had fired the third and fourth shots, saying they were the most dangerous shots and that a number of items, including a bucket, were hit in the process.
The ballistic experts, however, categorically denied the presence of any evidence in this regard and this, together with a number of other facts, discredits Mr Fenech’s testimony and the prosecution’s case. The last witness in this case was 18-year-old Justin Attard, who was one of the children that used to play in the field that Mr Pace used to tend to. Mr Attard said he remembers the Mosta landowner swearing, pointing at Mr Pace and telling them to leave his land.
The case continues today, when the prosecution will be addressing the jurors, following which the defence will be allowed its last address.
The presiding judge, Chief Justice Vincent Degaetano, will then give his address to jurors before they retire to deliberate 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.