18-year jail term for trying to kill four men

A Zebbug man was yesterday jailed for 18 years after he admitted to trying to kill four men when he fired a shotgun in their direction while in a state of mental agitation three years ago.

After hearing Nazzareno Micallef plead guilty to four counts of attempted murder qualified by a state of mental agitation, Mr Justice Joseph Galea Debono ruled that this crazy behaviour had ended in four people being wounded and the punishment had to reflect the multiplicity of the crime.

Mr Micallef, 40, filed a guilty plea during what was to be the beginning of his trial by jury.

He was charged with the attempted murder of Henry, Joseph, George and Daniel Falzon by repeatedly firing a shotgun in their direction in Mdina Road, Zebbug on April 16, 2002.

He was also charged with firing the gun in public, causing over Lm500 damage to Henry Falzon's van and holding Marilyn Chircop against her will.

Mr Micallef pleaded guilty to the charges after Assistant Attorney General Stephen Tonna Lowell filed an application, regarding the attempted murder charges, claiming they were qualified by a state of mental agitation.

Mr Micallef admitted to the contents of the bill of indictment which claimed that he had a field in an area known as Hal Mula in Zebbug where he went hunting. Next door was a field belonging to the Falzons and Mr Micallef and the Falzons has been arguing over fields.

On April 16, 2002, a disagreement between the two started seething when Mr Micallef went hunting and saw someone in the neighbouring field and later met George and Henry Falzon. They started arguing about their rights over a pathway and about who had the right to work on a specific piece of land.

When Mr Micallef left the scene he decided to pay back the Falzons so he went to get one of his shotguns and started walking with the intention to meet the Falzons and kill them. He got a lift up till the roundabout, near S-Club, where he saw the Falzons drive in his direction in a van.

Mr Micallef asked the man who gave him a lift to stop. He then climbed onto the roundabout and shot at the Falzons with the intent to blow their heads off, the bill said.

After firing several shots, Mr Micallef stopped Marilyn Chircop, who was driving in the area, and ordered her to take him home.

Mr Justice Galea Debono heard the defence argue that, among other things, there was a history of conflict between Mr Micallef's family and the Falzons over a field. This background was important in understanding that the incident was "the last straw" that he could take.

Mr Micallef was a hardworking man who had a job and also worked the fields, his family members suffered from health problems, he never denied shooting and his criminal record was not a bad one, the defence said while calling on the court to be clement.

The prosecution argued that this was a very serious case and one had to remember that the Falzons were the victims although the defence tried to depict them otherwise.

The judge noted that Mr Micallef, who faced a maximum 31-year jail term, had two previous convictions on his criminal record - one for exercising a presumed right and threatening a woman over some fields and the other for assaulting a nursing officer and employees at Boffa Hospital.

The judge also took note of the background emphasised by the defence but noted it could not ignore the serious nature of the crimes. Mr Micallef's criminal record showed that this was not the first time he had used violence.

Mr Justice Galea Debono also noted that Mr Micallef filed a guilty plea once the Attorney General presented the application for mental agitation.

Mr Micallef's actions could have led to much more tragic consequences and this type of armed violence could never be taken lightly by the courts whose duty it was to protect society and each individual from the crazy behaviour of anyone who might think they can do what they want with a weapon in hand, the judge said.

Mr Micallef was jailed for 18 years and the time he spent in preventive custody was to be deducted from his jail term.

Dr Joseph Giglio and Dr José Herrera appeared for Mr Micallef.