A man who is facing criminal proceedings for the murder of his aunt in Xewkija three years ago, took the witness stand yesterday to explain that he was with two people on the night of the murder but repeatedly refused to reveal the identity of these two men who, he claimed, had killed his aunt.

Ivan Cauchi, 25, from Xewkija, said he did not want to reveal the identity of the two men who were the masterminds behind robbing his aunt and who, he said, repeatedly hit his aunt, killing her on 24 February 2004 in her house.

In the initial stages of his testimony, Mr Cauchi said he knew that his aunt had been murdered and admitted his involvement. Throughout his testimony, he said he had been present but had done nothing, putting the blame on the two people whom he refused to name.

He explained that some time before the murder, he had been in his father’s garage, working on an old car, when two people turned up and said they wanted to rob his aunt. When asked to say who these people were, Mr Cauchi repeatedly said he did not want to mention names.

At this point, Mr Justice Joseph Galea Debono, who is presiding over the case, told the accused that, according to law, he was not obliged to testify but now that he had chosen to do so, he had to tell the entire truth.

After the jurors had been asked to leave the courtroom, lawyer Joseph Mifsud, who is appearing for Mr Cauchi, said his client should not be obliged to reveal any names because the trial by jury was about his client’s guilt or otherwise and should not be used as a steppingstone to start investigations about other people who had never been involved in this case.

Prosecuting officer Anthony Barbara replied that, during various interrogations by the investigators, Mr Cauchi had had no problem in revealing four names. Now he is duty bound to reply, Dr Barbara insisted.

Mr Justice Galea Debono told Mr Cauchi that if he did not want to reply, it would be up to the jurors to decide whether to believe his new version or not.

When the jurors returned, Mr Justice Galea Debono told Mr Cauchi that he was bound to tell the truth, the whole truth and nothing but the truth. To this Mr Cauchi replied: “I know but I cannot reveal their names”.

Continuing his testimony, Mr Cauchi explained that the men told him to help them rob his aunt and he said he would think about it. He said they came back a week later and together the three of them decided to carry out the robbery the following Tuesday.

On the day, he explained, he had been with his girlfriend Larissa, had taken her home and had gone to a bar in Xewkija. When he arrived, the others were not there but arrived some time later and at around 10pm they agreed to meet in the field in front of his aunt’s house.

He said he had parked his car close by and had joined the other two in the field. “We agreed that one of the other two would go in first. They were both dressed in black. The others had a mask, one a mask of a crocodile and the other one a mask of a monkey,” he said.

The defendant, who testified for more than eight hours, continued to refer to the two men as “the crocodile” and “the monkey”.

“I saw Aunt Lisa arriving, the crocodile ran to her and pushed her into the house. The monkey and I followed him and we both went into the house. The crocodile covered her mouth with his hand and threw her to the floor. They were punching her, they put a cushion under her head and tied her hands with a belt. I stayed in the hall and didn’t move from there. I could not see them all the time but I was peeping every now and then,” he explained.

He went on to explain that the crocodile went upstairs and he heard noises from upstairs. The other one was rummaging through things downstairs. He said the crocodile came down carrying two bags. The other got hold of two more bags and then the three of them fled.

“I closed the door behind me and I got rid of the keys in the grass further down the road. After I left, I went back to the bar and stayed there till about 1am,” he said.

In view of the fact that Mr Cauchi was not revealing the names, Dr Barbara once again complained and the jurors were once again asked to leave the courtroom. Dr Barbara described the situation as “a mockery of the justice system” saying it was strange that the court could do nothing to oblige the defendant to reveal everything he knew, once he had chosen to testify under oath.

The judge said the court had warned him that it was up to the jurors to decide whether he was telling the truth, but Dr Barbara said the witness’ testimony should be suspended until he decides whether he wants to tell the truth.

When his testimony resumed, Mr Cauchi said that during the interrogations, the police had begun mentioning many people, asking if they had also been with him. “I got mixed up and I mentioned four men,” he said.

Referring to the part of the statement when he told police that it was he who had killed his aunt, Mr Cauchi said it was not true and he had lied.

The case continues today.

Senior Counsel to the Republic Anthony Barbara is prosecuting, while Dr Joseph Mifsud is appearing for the accused.