Accused recounts firing two shots at his wife

An Mtarfa man standing trial for the attempted murder of his wife yesterday told jurors how he shot her in the leg to stop her from leaving him, then aimed the gun at her head because he wanted to stop her from wailing in pain.

"I could not bear her shouting and was going to shoot her in the head but then she turned to look at me, I lowered the gun and fired, hitting her in the stomach," Louis Fenech said through sobs.

He was testifying before Mr Justice Joseph Galea Debono in his trial by jury in which he is pleading not guilty to the attempted murder of his wife Claire in the garage of their Mtarfa home on April 26, 2001.

When Fenech took the witness stand yesterday morning he requested to give evidence behind closed doors. Mr Justice Galea Debono however pointed out the importance of a public trial. He referred to articles written by opinion writers who, despite not having a legal background, criticised court proceedings and often interfered in the course of justice.

Fenech started by explaining that he got to know his wife about 17 years ago and they had been married for 10. Their relationship started out as a normal one but things began to change when he developed a medical problem that affected him at work and at home.

His relationship with his wife did not remain as it used to be as, he explained, she no longer appreciated his gestures as she used to.

Some time after they bought their first mobile phones he told her he had just topped his up and she told him she had topped hers up about a month ago as she often sent text messages to him and her friend at work.

One Sunday afternoon he was in bed and heard his wife tell someone on the phone that he was asleep. When he asked her about it she told him she was talking to a female friend who had a problem.

Fenech explained he had noticed that she was spending over Lm1 a day on her mobile and started suspecting that something was wrong. He wanted to ask her if there was someone else but feared that by doing so he would just make things worse. Then they were once talking about the subject and he slipped in his suspicion but she got upset and did not speak to him.

He started checking the messages on her mobile phone and found one left by a man.

Some time later she started receiving insulting voice mail messages on her mobile phone and showed them to him.

One day when she arrived home from work he told her that he knew who was leaving the messages and showed her a number which she recognised to be of a male colleague.

He said he was very upset but told her he was ready to forgive her. After that incident they spent two happy weeks together until the day before the shooting incident when they had an argument that left him feeling very upset.

On the day of the shooting he went to work but left early as he was feeling too upset. On his way home he thought to himself that that evening he would go and open up to his father and then go to see a doctor.

When he arrived home, he parked his car and heard a noise. He saw a car with luggages inside, saw his wife walk up the stairs into the house and he went crazy.

"I tried to lock the garage to stop her from getting out. I would have welded it shut if I could. I circled the garage and headed toward the gun, loaded it and thought about shooting at the car but then I put the gun down," he said.

Fenech went on to explain that when his wife went back into the garage he asked her if she was leaving. She said she was but did not know where she was going. He asked her why and she told him she was doing it to help him but he could not see how this would help him.

He then gave a detailed account of the shooting incident.

"I picked up the gun and shot at the car door. She told me 'now I'll surely leave'. I fired the second shot and hit her in the leg. She walked backwards, limping and screaming. She turned towards me and I fired another shot aiming downwards. Then her body contorted as she took the blow.

"I put down the gun and ran towards her. I called her 'Claire, Claire', shook her and she started bleeding... I went back for the gun... I was going to shoot myself in the head but heard her moan something... I then slammed the gun onto the ground," he continued.

"I told her to wake up and heard a lot of shouting from outside and asked the people to call an ambulance.

"I walked around the garage like a madman, went back near her, tried to talk to her and shook her. I told her I loved her but she did not reply...

"I went upstairs and locked the door behind me. I wanted to commit suicide. Then I heard them say she was still alive. I went to the kitchen where I saw the letter but could not read it.

"I went back next to her. The doctor told me to talk to her and to go and get some towels. Then I went back and told her I did not mean to do that to her and really loved her. Then the ambulance took her. I wanted to go with her but was not allowed to," Fenech explained.

Asked why he had shot at his wife Fenech replied in a low voice: "Because I wanted to keep her with me."

The trial continues this morning.

Seniour Counsel to the Republic Dr Stephen Tonna Lowell is prosecuting.

Dr Giannella Caruana Curran and Dr Emanuel Mallia are representing Fenech.

Dr Michael Sciriha is appearing for the wife.