Investigators in the case were too lenient with regard to the homicide of lawyer Michel Grech and the police committed several mistakes in its investigation, said defence lawyer Malcolm Mifsud, who is representing David Zerafa, in his trial.
As from the day after the murder, the police held a number of people who it believed had a connection with the case, including the accused, however, no gunshot residue test was carried out to assess the accused, when it was clear that the victim had been shot at.
Dr Mifsud this morning started to make his submissions on the case that took place in 2004. David Zarafa, 39, of Nadur, is being charged on five counts.
The lawyer went on to ask why finger prints from the victim’s skin were not taken when this is basic crime scene investigation work. He mentioned blood found in the car of a certain Emmanuel Micallef, who was also for some time a suspect in the case, but no tests were carried out on this. In addition, the police did not go to the accused’s residence when they made a whole scene about a room he has a Ramla l-Hamra because they found an axe, which the lawyer said has nothing to do with the case.
An anonymous phone call the police received before the murder took place and which implicated David Zerafa, does not mean anything because it cannot be considered as evidence.
Criticising the inquiring magistrate because he had allowed certain leniencies, he said an identification parade must be held with the individuals’ consent and identification on the basis of one’s eyes is not enough.
Dr Mifsud argued that the way the story was put together does not make sense.