The Malta Independent 11 June 2025, Wednesday
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El-Gadi’s defence lawyer claims he was arraigned before court expert reports were finalised

Duncan Barry Thursday, 22 October 2015, 18:10 Last update: about 11 years ago

Nazar El-Gadi's defence lawyer Martin Testaferrata Moroni Viani argued that his client was arraigned in court before reports in relation to a murder investigation compiled by court-appointed experts were finalised. Extracts of some of these unfinished reports were also referred to in the magistrates' court, the lawyer said.

Dr Testaferrata Moroni Viani was speaking during the defence phase of a trial by jury, in which his client is pleading not guilty to murdering his wife after harassing her for a long period of time on the night between 18 and 19 April 2012. The victim, who worked as a lawyer, was found dead in her car in Bahar ic-Caghaq. Experts said that her killer applied heavy pressure on her chest causing her to die of asphyxia. The estimated time of death was 1.30 am on 19 April.

Lead investigator Keith Arnaud explained that police had the conclusions of the DNA reports and data of Mr El-Gadi's computer in hand when they arraigned Mr El-Gadi. He said experts said there was a "big predominance of the accused" in the DNA samples collected.

Inspector says media speculation can be harmful in such cases

When asked by the defence if the police had issued a press report identifying the suspect as the victim's former husband before Mr El-Gadi was even arrested, Inspector Arnaud said that media speculation can be very harmful in such cases. "I was busy investigating the case but will not rule out that the media speculated on the case. Media speculation can be very harmful in such cases."

The defence said that the jury panel was unfortunate to have needed to listen to a whole seven hours of recordings of interrogation. He told the inspector that at times, he did not know how to explain himself.

The defence insinuated that the police had tried to place so much pressure on the accused to admit to the murder that he tried commit suicide.

Inspector Arnaud referred to the suicide as a "supposed suicide". The police found a strap on the floor of the cell the accused was in at the Floriana lock-up and another piece tied to the bars of the cell's window. One of the sheets was found to be torn as well.

Inspector Arnaud said that the accused tried to commit his supposed suicide 24 hours after his arrest when the police had hardly spoken to him.

Dr Testaferrata Moroni Viani then accused Inspector Arnaud of giving in to pressure and being too eager to solve the case as quick as possible to have "another notch on your belt". Judge Antonio Mizzi intervened and told the lawyer that he was going "overboard". 

Inspector Arnaud said that the investigation took three months, but admitted that he had cases which took him longer to solve.

It emerged that Mr El-Gadi insulted the inspector when he told him he would arraign him.

Inspector Arnaud retaliated by stating that the attitude of the accused was not good, but  in spite of his attitude the police could be heard offering him coffee and water in the recordings and asking him if he needed to have a break.

"God forbid I would arraign a person simply because he insulted me," the inspector said.

Judge Antonio Mizzi is presiding over the case. Lawyers Katheleen Grima and Arthur Azzopardi are appearing parte civile for the family. 


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