A trial by jury began on Monday morning against a former Armed Forces of Malta soldier accused of murdering an Ivorian man and attempting to kill three other migrants in separate incidents in Birżebbuġa in 2019.
Lorin Scicluna, 29, who was born in Żabbar and lives in Paola, is standing trial over the killing of Lassane Cisse Souleymane, who died after being shot in the head along Triq il-Ġebel on 6 April 2019.
He is also charged in connection with the shootings of Mohammed Jallow, from The Gambia, and Ibrahim Bah, from Guinea, as well as a separate alleged attack involving May Malimi, a man from Chad.
The jurors were selected on Monday morning, with the trial being presided over by Judge Natasha Galea Sciberras.
Scicluna faces eight principal charges, including the voluntary homicide of Souleymane, the attempted murders of Jallow, Bah and Malimi, grievous bodily harm to Jallow, slight bodily harm to Bah, possession of a firearm during the commission of a crime, and grievous bodily harm to Malimi.
According to the bill of indictment, Scicluna was serving as a soldier with the Armed Forces of Malta at the time of the alleged offences. He also worked part-time at a pastizzeria in Attard, where he was on duty on the day of the fatal shooting.
The prosecution alleges that Francesco Fenech, a friend of Scicluna who is facing separate criminal proceedings, regularly visited him at the pastizzeria to keep him company while he worked.
Fenech allegedly visited him on 6 April 2019 and, after Scicluna finished his shift, the two men decided to drive towards Ħal Far with the intention of finding people of dark skin colour and shooting at them.
Prosecutors claim the alleged plan was motivated by the men's hostility towards the presence of people of dark skin colour in Malta.
The two allegedly went to Scicluna's garage in Paola, where they removed the registration plates from his Toyota Starlet, bearing registration number CCL 159, before arming themselves with a firearm and driving towards Ħal Far.
According to the indictment, they were familiar with the area and knew that it was frequented by migrants, having allegedly visited the locality together on previous occasions.
Three shots fired at Lassane Cisse Souleymane
Shortly before 11pm, at around 10.50pm, Scicluna and Fenech allegedly arrived in Triq il-Ġebel, Birżebbuġa, within the limits of Ħal Far. As they drove downhill towards Birżebbuġa, they allegedly spotted Lassane Cisse Souleymane walking along the road.
The prosecution claims that three shots were fired from the vehicle in his direction, one of which struck Souleymane in the head. The bullet penetrated his head and lodged towards the back of his brain, causing injuries from which he died at the scene.
The firearm and ammunition allegedly used in the shooting belonged to Scicluna and were registered in his name. Rather than stopping, the two men allegedly continued driving towards Birżebbuġa, intending to target more migrants.
Two more migrants shot while returning from watching football
The prosecution also alleges that, on the same night, Mohammed Jallow and Ibrahim Bah were walking back to their accommodation in Ħal Far after watching a football match at an establishment in Birżebbuġa. The two friends were heading towards China House, where they were staying alongside other migrants, and were making their way along Triq il-Ġebel.
According to the indictment, Scicluna and Fenech drove past them in the Toyota Starlet and fired four shots in their direction. Both men were struck by gunfire.
Jallow sustained serious injuries and was rushed to Mater Dei Hospital, where he underwent emergency surgery. The prosecution maintains that he survived because of the timely medical intervention he received.
Bah also suffered gunshot injuries, including a wound to his shoulder, although the injuries did not affect vital organs and were not considered life-threatening. The accused and his friend allegedly drove away immediately after the shooting.
Scicluna faces charges of attempted voluntary homicide and causing bodily harm in connection with the incident. The prosecution maintains that the attacks were motivated, wholly or partly, by racial hatred.
Separate alleged hit-and-run involving man from Chad
The jury will also hear allegations concerning a separate incident which took place approximately two months before the fatal shooting.
According to the prosecution, on 1 February 2019, Scicluna and Fenech were driving along Triq il-Ġebel when they noticed a man of dark skin colour crossing the road.
The two allegedly directed their vehicle towards the pedestrian and deliberately struck him before fleeing, leaving him seriously injured on the road.
The victim was subsequently identified as May Malimi, a national of Chad. Malimi was taken to Mater Dei Hospital, where he underwent surgery for his injuries.
The prosecution alleges that this was another racially motivated attack. Scicluna is charged with attempted voluntary homicide and causing grievous bodily harm in connection with the incident.
Alleged alterations to vehicle after shooting
The indictment further alleges that Scicluna attempted to change the appearance of his Toyota Starlet following the April shootings.
Prosecutors claim he fitted a side mirror which had been missing at the time of the incidents, attached a sticker to the windscreen and added two black strips to the sides of the vehicle.
The prosecution maintains that these modifications were intended to make the car appear different from the vehicle allegedly used during the attacks. The Attorney General is also seeking the application of legal provisions relating to an earlier conviction handed down in February 2018, when Scicluna was placed under a probation order.
Francesco Fenech, 28, is facing similar allegations in separate proceedings.
If convicted, Scicluna could face sentences varying according to the offences established, with life imprisonment among the possible penalties.
The trial is being heard before Judge Natasha Galea Sciberras. Scicluna is being represented by lawyers Edward Gatt and Kris Busietta.