Mosta farmer and landowner Frangisk (Cikku) Fenech was given a nine-month jail term suspended for two years yesterday, a day after the Attorney General’s (AG) office dropped the attempted murder charge against him.
Mr Fenech, who turns 71 next month, pleaded guilty to the remaining charges: using a firearm (revolver) in an inhabited area and being in possession of a firearm without a licence.
The case dates back to May 2003, when a shoot-out between Mr Fenech and a certain John Pace took place in the farmer’s property in Mosta.
Mr Pace stood trial over the same case about three years ago; he had been cleared of attempted murder, but was found guilty of being in possession of a firearm (a shotgun) without a licence, and had been given a 21-month jail term.
The incident took place over an argument that Mr Pace had with Mr Fenech, over a field that he (Mr Fenech) had rented out to a lawyer, a certain Patrick Spiteri, who Mr Pace was employed with.
On the day of the incident, Mr Pace went to Mr Fenech’s property, saying he wanted to speak to him. Mr Pace then approached him, threatening him, and fired shots in his direction.
Mr Fenech fired four shots to scare off Mr Pace, who had fired the first two shots and then went behind a tree and fired another two shots, and a third shot as he went onto the road.
Handing down judgement yesterday, the court noted that even though Mr Fenech used the revolver to defend himself – because he was a victim of unfair aggression – he was aware that he was in possession of the firearm before he used it on the day of the incident.
The court took into consideration Mr Fenech’s age and poor health, and it noted that he never handed over the firearm to the police.
The court was presided over by Mr Justice Giannino Caruana Demajo. Lawyer Aaron Bugeja from the Attorney General’s Office prosecuted and lawyer Joe Mifsud appeared for Mr Fenech.