Prosecution case 'based on inference'

The defence counsel of a teenaged boy standing trial for murder yesterday told jurors that the prosecution's case was based on inference and did not link the boy to the victim's death to the level required by law.

Emanuel Mallia, one of the lawyers forming part of Glen Pullicino's four-strong defence team, yesterday addressed jurors at length in his client's defence.

Pullicino, 17, of Zebbug, is pleading not guilty to the murder of 23-year-old Brian Tabone outside Bamboo Bar, in Paceville on March 17, 2002, at about 5.45 p.m.

Dr Mallia said the prosecution had failed to prove that the fatal blow that led to Tabone's death had been caused by Pullicino.

"The prosecution's case is based on inference. Just because a 15-year-old boy said he had hit someone with a pen knife and just because Brian Tabone was the only person who the police knew had a stab wound does not necessarily mean that Glen stabbed Brian Tabone," Dr Mallia said.

This, he said, was circumstantial evidence. The prosecution did not produce any witnesses who saw Pullicino fight with or stab Tabone. On the contrary, evidence showed that Pullicino was not next to Tabone when the latter collapsed after being stabbed.

Dr Mallia outlined the several lines of defence which included the concept of self defence or excessive self defence, death as a consequence of a serious injury and murder committed in a brawl during which the murderer remained unknown.

He explained that it was the defence counsel's duty to outline all possible lines of defence and called on jurors not to be misled into believing that one line of defence weakened the strength of another. They were aimed at helping jurors view the trial from all possible angles, he said.

The trial, presided over by Mr Justice Joseph Galea Debono, continues this morning.

Assistant Attorney General Anthony Barbara is prosecuting.

Dr Giannella Caruana Curran, Dr Emanuel Mallia, Dr Michael Sciriha and Dr John Attard Montalto are appearing for Pullicino.