Hostile witness to face police criminal action

A magistrate yesterday ordered the police to take criminal action against a witness for prevaricating when he took the stand in the case against two men charged with the murder of a bank messenger.

Magistrate Jacqueline Padovani-Grima gave the police 48 hours to arraign the witness and ordered that he be kept in custody in the meantime.

The order came after seven summonses in which the witness, whose name cannot be published by court order, repeatedly claimed he could not remember what he had told police when he was questioned during their investigation.

He has been held in custody since February 4, the first time he took the stand in the compilation of evidence against Richard Grech and Joseph Zammit.

Grech, 35, of San Gwann, and Zammit, 44, of Floriana are pleading not guilty to the wilful homicide of bank messenger Alphonse Ferriggi outside the San Gwann BOV branch on September 18, 2000, at about 5.30 a.m.

They are also charged with holding Ferriggi against his will, stealing bank documents, carrying a shotgun without a licence and at the time of the commission of a crime, firing a gun within 200 metres of a residential area, causing damage to a Bank of Valletta van, stealing a VW Golf from Sliema a day earlier and relapsing.

When asked if he was scared of someone or something, the witness yesterday said he was not and insisted he had been telling the truth and did not remember what he said to the police when questioned about the case.

The magistrate then warned him of the serious consequences of lying under oath and suggested questioning should start from scratch. But again the witness insisted his memory was failing him and was telling the truth.

At that point, Magistrate Padovani-Grima ordered the witness's re-arrest and the police to take action against him.

Dr Ian Farrugia, for the witness, requested his client's immediate release in light of the fact that he had been detained for over 48 hours.

But the magistrate ruled she had given the man several opportunities precisely to avoid giving the order she had given but since the man did not take the chances given to him she had to order the police to take the witness before the competent court within 48 hours from arrest.

The case continues.

Police Inspectors Carmel Bartolo and Christopher Pullicino are prosecuting.

Dr Anglu Farrugia and Dr Edward Gatt are appearing for Grech while Dr David Farrugia Sacco is counsel to Zammit.

Dr Jason Azzopardi and Dr Kris Busietta are representing Ferriggi's wife and Dr John Attard Montalto and Dr Ian Farrugia are representing the witness.