"Please tell me I didn't kill him. Please tell me he didn't die," a 27-year-old Polish man accused of murdering Moroccan national Abdellatif Oumakhlouf at Spinola Gardens told police during his arrest.

The statement emerged on Monday during the first sitting of the compilation of evidence against Sebastian Malinowski, who pleaded not guilty to wilful homicide and causing grievous bodily harm resulting in the victim's death following an incident in St Julian's on 27 September.

Sergeant Fabian Caruana testified that police received a call at approximately 6:05am on 27 September reporting a man lying motionless at Spinola Gardens.

Officers found the victim on the ground, where medical personnel were assessing his condition. A nurse subsequently confirmed that he was dead, prompting police to secure the scene.

Testifying in court, the Rapid Intervention Unit (RIU) officer who arrested Malinowski explained that police had been given a description of the suspected aggressor, including that he was wearing a white shirt, black trousers and white shoes.

Officers subsequently spotted a man matching the description in the St George's Bay area.

Upon being approached, Malinowski, who was described as highly agitated and panicked, immediately told them, "I'm sorry, I'm sorry, I know what happened. Please tell me I didn't kill him. Please tell me he didn't die."

Under cross-examination by defence lawyer Franco Debono, the RIU officer confirmed that Malinowski appeared remorseful rather than angry, smelled of alcohol, and had a small bloodstain on the lower part of his shirt.

Woman told police she witnessed victim being punched

Caruana testified that a woman at the gardens told police she had witnessed a man punching the victim, while another witness had recorded the suspected aggressor behaving strangely and throwing punches into the air. The male witness, however, had not seen the alleged assault.

Police used the recording to establish a description of the suspect, which was circulated to RIU officers. The footage showed the man carrying an alcohol bottle, sunglasses, and headphones, which were subsequently recovered from a nearby bin beneath a bench in the vicinity.

Defence lawyer Nicholas Mifsud questioned Caruana about the circumstances preceding the alleged assault.

Caruana confirmed that a female witness had reported seeing the victim being punched but the male witness, who recorded the accused behaving strangely, had not witnessed the alleged assault.

Asked whether medical personnel had provided any indication of the cause of death or whether the victim was intoxicated, Caruana replied that they had only assessed his condition.

The defence also questioned the availability of CCTV footage inside Spinola Gardens.

Caruana said no cameras were visibly apparent within the gardens and that previous police inquiries about obtaining footage from the location had fallen on deaf ears.

Police identify victim from mobile phone, wallet, airport pass

Inspector Christina Delia subsequently testified that investigators recovered a mobile phone, wallet and airport pass from the victim's body. Police consequently established that he was a Moroccan national who also held a Maltese identity card.

Delia also recounted the account of a Portomaso security officer who had noticed Malinowski behaving strangely while alone in the gardens, even seeing him fall from a wall.

The security officer later noticed a woman being approached by a dark-skinned man, identified as the victim, and asked whether the man was bothering her, but she denied this.

The woman subsequently directed insults towards the dark-skinned man, the witness reportedly told police. The security officer did not witness the alleged assault, having left the gardens shortly afterwards.

Search of aggressor's hotel room

Following Malinowski's arrest, forensic experts collected evidence from him at the St Julian's police station.

Police also searched his hotel room, finding nothing irregular, and established that he possessed a temporary Polish passport.

Investigators also spoke to his roommate, who said they had spent the night together in St Julian's before returning to their hotel in the early hours. Malinowski then decided to go out again.

His roommate subsequently received a Messenger call from him. Malinowski sounded as though he was experiencing a panic attack, the roommate said.

CCTV footage contradicts accused's account, court hears

Inspector Christina Delia testified that CCTV footage from a nearby establishment contradicted Malinowski's claim that the victim had approached him, showing instead the accused walking briskly towards a man and woman in the gardens.

The two men were seen coming face-to-face before moving a short distance away from the woman, after which the man wearing dark clothing fell to the ground. Malinowski was then seen removing his white shirt, collecting belongings from a nearby bench and leaving.

He was also seen returning, looking towards the victim lying motionless, clasping his hands and placing them on his head before leaving again.

Accused was on drugs at time of murder, denied intending to kill victim

During his police interrogation, Malinowski said he had been holidaying in Malta for a week and had spent the previous night drinking at bars in Paceville and St George's Bay. He also admitted to consuming an unidentified drug.

After reporting his mobile phone missing to police, he bought another bottle of vodka with a friend and continued drinking at their hotel.

He later went out alone, eventually reaching Spinola Gardens, where he began shadowboxing and dancing, as captured in a witness's recording.

Recounting the circumstances leading to the alleged assault, Malinowski told investigators that a woman had approached him, initially leading him to believe she was trying to flirt with him.

Unable to understand her because of the language barrier, he said she returned to a bench, where another dark-skinned man subsequently approached her.

According to his account, the woman began shouting at the man, who then allegedly directed his aggression towards Malinowski when he approached them.

During questioning, Malinowski admitted punching the victim but claimed he had been provoked. Malinowski maintained that he had delivered only one punch to the face with his right hand, causing the man to fall. He insisted that he had never intended to kill him.

Asked why he had left the gardens, Malinowski told investigators that he initially walked away following the argument but returned to retrieve his mobile phone, speaker, and headphones.

He claimed that upon seeing the victim still lying on the ground, he panicked and left again, calling his friend after noticing blood and realising the seriousness of what had happened.

During cross-examination, Inspector Delia confirmed that the autopsy established blunt-force trauma as the cause of death.

The compilation of evidence will continue on 26 October at 2:30pm.

The prosecution is being led by Inspectors Kelsey Bugeja, Christina Delia, and Stephen Gulia, together with Attorney General lawyer Anthony Vella.

Defence lawyers Nicholas Mifsud and Franco Debono are representing the accused.

Magistrate Nadia Helena Vella is presiding over the proceedings.