The prosecution did not prove that Perfecto Rabino Montalban was killed by a blow delivered by Charles Demicoli, defence counsel Manuel Mallia told the jurors who will decide the fate of his client.

Mr Demicoli, who turned 34 yesterday, is undergoing trial for the death of Mr Montalban, a 44-year-old Filipino sailor, following a brawl that broke out in the early hours of Christmas Day morning of 2000 at Cherries Bar, Birzebbuga. Mr Montalban was in the company of four other sailors that were serving on board MV Mary Anne which was berthed at Malta Freeport.

On the sixth day of the trial, Dr Mallia told the jurors that the prosecution did not prove beyond reasonable doubt that his client delivered the mortal blow on Mr Montalban. He explained that the prosecution witnesses testified that Mr Demicoli hit the victim on the forehead with a stool as they were facing each other. Court experts testified that Mr Montalban had a cut on his left eyebrow that needed three stitches, whereas a post-mortem showed that Mr Montalban succumbed to a mortal blow on the back of his head that produced a fracture in the skull that radiated into four directions.

Dr Mallia told the panel, composed of eight males and a female, that they could not find Mr Demicoli guilty of murder beyond reasonable doubt. He suggested that Mr Demicoli should be found guilty only of grievously injuring Mr Montalban during an affray.

The lawyer appealed to the jurors not to condemn Mr Demicoli simply because Mr Montalban died after being involved in a fight in which the defendant was also involved. He added that witnesses recalled Mr Montalban being kicked repeatedly during the fight.

Prosecutor Anthony Barbara said the accused himself, in a statement told the police he hit Mr Montalban on a part of the head that was compatible with the mortal wound. He recalled how experts said that the blow was delivered with a “tremendous force”. Dr Barbara also referred to the experts’ testimony that Mr Montalban’s skull fracture could not have been provoked after hitting his head against a kerb.

Mr Justice Geoffrey Valenzia, who is presiding over the proceedings, will address the jurors tomorrow, after which they will retire and deliberate over their verdict.

Assistant Attorney General Barbara prosecuted while lawyers Giannella Caruana Curran and Manuel Mallia represented the defendant.