A lawyer appearing for a man accused of throwing his wife off a cliff yesterday told a court his client could not be found guilty of murder because an essential requisite, the body, had never been found and there was nothing to prove that the woman was not still alive.

Dr Malcolm Mifsud said the defence was contesting 'the death' of Jane Vella because, despite an extensive search for the body, it had never been found and this meant that Jane Vella's 'death' remained simply a matter of opinion.

Dr Mifsud made his submissions before Mr Justice Joseph Galea Debono in the trial by jury of Ronnie Vella, 30, who is pleading not guilty to the wilful homicide of his wife Jane by pushing her off a cliff at Tas-Sanap, limits of Munxar, on December 4, 1999, at about 5.30 p.m.

Dr Mifsud said his client had exercised his right not to testify and there could be a multitude of reasons for it, including a lack of eloquence or ability to communicate well.

He said, however, that the statement Vella made to police in which he claimed he had pushed his wife over the cliff was full of holes and one of the most implausible elements was Jane Vella's willingness to walk with her husband along a cliff just after they had been arguing in the car and when they had been meant to be going for a pizza.

Dr Mifsud said he would be bringing evidence to show that the Republic of Malta, which was accusing Ronnie Vella of murder, did not consider Jane Vella dead and that she still had civil rights.

Dr Mifsud rose to make his submissions after the report of the on-site inquiry held in the morning was read out.

The trial continues.

Assistant Attorney General Dr Anthony Barbara is prosecuting.

Dr Malcolm Mifsud is appearing for Vella while Dr Chris Said and Dr Georgina Scicluna Bajada are appearing in parte civile.