Victim tells jurors aggressor did not mean to shoot him

The victim of an attempted murder yesterday told jurors he did not think his aggressor intended to kill him but only wanted to scare him.

Noel Abela explained that he did not believe that Jesmond Cassar, standing trial for trying to shoot him, meant to kill him, adding that Cassar was intoxicated at the time and not in a state to know what he was doing.

"He was under the influence of drugs, I know what it's like... I'm not trying to stick up for him. It's just that I know what drug problems are like since I've been through it," Abela said.

He was testifying before Mr Justice Joseph Galea Debono in the trial by jury of Cassar, 30, who is pleading not guilty to trying to kill him (Abela) when he tried to shoot him. He is also accused of possessing a firearm and ammunition without a licence on July 11, 2000.

Abela explained that he had had an argument with Herman McKay who owed him money for drugs. He told McKay that if he did not pay up he would instead take the speakers of his car. So on the day of the incident he took the speakers from McKay's Fiat Ritmo which was parked in Qormi.

Later on that day Cassar, McKay and another person went to his house in Birzebbuga because of the speakers and an argument broke out.

Abela told McKay that if he gave him the money he owed him he would give him back the speakers but he did not want to. The three men left but soon after they returned and offered Abela drugs in exchange for the money but he refused the offer.

"Then Jesmond (Cassar) produced a gun, aimed it at me and it fired... I don't remember if he pulled the trigger as he panicked."

Cassar, walked back towards the car then turned back and fired a shot. This shot, Abela said, was not aimed at him.

Police Superintendent Martin Bayliss explained that on July 11, 2000, he was informed that there had been a shooting in Birzebbuga.

Abela told the police Cassar, who was with McKay, had tried to shoot him but the gun did not fire. Abela added that this happened following an argument over the speakers.

The police then started searching for Cassar. Meanwhile, Cassar went to speak to Police Inspector Angelo Caruana and told him that he had fired a blank shot at Abela because he had taken his speakers.

Inspector Caruana referred Cassar to Superintendent Bayliss, who was an inspector at the time.

The superintendent also spoke to McKay who said he had seen a gun in Cassar's car. McKay also told the police that after the incident he and Cassar drove to Ghar Lapsi, Cassar went somewhere with the gun and returned without it.

During questioning Cassar told the police he threw the gun in a field in Marsaxlokk but a search in the area proved negative.

Then, the superintendent added, in a statement released on July 13, 2000, Cassar said he went for a drink in Qormi and when he went back to his car he found his speakers missing. He asked people in the area if they had seen who had removed the speakers and a man told him he had seen Abela with a certain Jason.

Later that day, Cassar traced Abela in Birzebbuga and asked for his speakers. Abela refused to give them to him.

Cassar said he told Abela that if he did not give him the speakers back he would set his car on fire. At that point Cassar heard a loud noise and left the scene.

Superintendent Bayliss said that in the statement Cassar denied trying to shoot Abela or ever having a gun and said that the day before he had made up the version of events.

The trial continues this morning.

Assistant Attorney General Dr Anthony Barbara prosecuted.

Dr Joseph Brincat appeared for Cassar.