A 43-year-old man from Zurrieq was yesterday found guilty of killing a man out of excessive use of self-defence driven by fear, a crime which does not carry a punishment.

He was, however, handed a six-month sentence suspended for two years after he was found guilty of carrying a firearm during the commission of a crime.

The jurors returned with their verdict after deliberating for five-and-a-half hours and found Camilleri guilty by six votes to three of killing Christopher Camilleri, 24, from Zejtun, out of excessive use of self-defence driven by fear and of illegally carrying a weapon during the commission of a crime.

As the chief juror read out the verdict, the relatives of both the victim and the accused inside the court room did not realise that Camilleri was found guilty of a crime that was not punishable by law.

It was only after the judge retired to his chambers to write the judgment that the defence lawyers explained to their client and his family that he was free; and they cried in relief.

The lawyer who appeared parte civile for the victim’s family, Dr Owen Bonnici, invoked a provision of the law introduced last year in which the offender may be asked to pay for damages to the victim’s heirs.

Defence counsel Emanuel Mallia said the provision could not be put into effect as it had been enacted seven years after the incident took place. In his submissions on punishment before the judgement was delivered, he asked the judge to hand down a suspended sentence on the second charge in view of the accused’s clean criminal record, which did not even include a traffic contravention.

Mr Justice Caruana Demajo returned with a suspended jail sentence for the second charge and refused to enforce a provision enacted last year in which someone found guilty of a crime would have to pay damages to the victim’s heirs. He said that he could not enforce this as the crime was committed seven years prior to the enactment of the provision.

The trial, which was carried out over a period of six days, was strongly marked by the testimony of Christopher Camilleri’s girlfriend, Carmen Portelli Bouvet, whose testimony was interrupted both by the prosecution and the defence as she was believed to be lying. Mr Justice Giannino Caruana Demajo placed her in solitary confinement in the court’s lock-up on Tuesday evening and upon resuming her testimony on Wednesday, the judge ordered her arrest for perjury. She later apologised and the judge pardoned her.

The incident that cost Christopher Camilleri his life stemmed from a parking mishap, when Raymond Camilleri, who had just come back from work, bumped into the victim’s car while parking his own car in front of his house.

Christopher Camilleri at the time was living with his girlfriend in an apartment opposite Raymond Camilleri. He had just been involved with the police as they were called in after his girlfriend left their apartment in her nightdress following an argument, and the police convinced him to leave. However, he returned 10 minutes later, and after another row with his girlfriend, he saw the parking incident from his balcony and started shouting at Raymond Camilleri. He rushed to the street to confront his neighbour and started kicking him. He then punched him on the cheek-bone.

As a result, Raymond Camilleri slammed against the garage door he had just opened and ran in. He got hold of his shot-gun and walked back outside in the street, which was not lit. Upon seeing Christopher Camilleri on the ramp leading to his garage, Raymond Camilleri shot twice at the man and killed him.

After telling his wife that he was going to commit suicide, she convinced him to turn himself in.

Assistant Attorney General Dr Arthur Azzopardi prosecuted while Dr Emanuel Mallia and Dr Giannella Caruana Curran appeared for the accused. Dr Owen Bonnici appeared parte civile for the victim’s family.