Double murder retrial starts

Almost two years after his trial was dissolved because of a possible miscarriage of justice, a Hamrun man yesterday appeared again in the Criminal Court to face charges over the murder of an elderly couple in Sta Lucija in 2000.

Brian Vella, 36, is pleading not guilty to the murder of 79-year-old Gerald Grima and his 63-year-old wife Josephine in their Sta Lucija apartment on February 10, 2000.

Mr Vella is also pleading not guilty to stealing over Lm1,000 worth of valuables from the Grimas' apartment.

Mr Vella had already started facing a trial by jury in February 2004 but the trial was dissolved after the judge ruled there was the risk that reference to the evidence of a key witness, who was deemed incompetent to testify at this stage, could lead to a miscarriage of justice.

The trial was dissolved after Mr Justice Galea Debono upheld a request by Mr Vella's defence counsel who objected to Dominic Bonnici's evidence on the grounds that once Mr Bonnici was an accomplice in the alleged double murder and was still awaiting judgment, he was not a competent witness.

Mr Bonnici later faced a trial by jury in which he pleaded guilty and was imprisoned for 30 years.

The bill of indictment alleges that on February 10, 2000, Mr Vella met up with Mr Bonnici and Robert Borg at the Nationalist Party club in Sta Lucija. As they were drinking, Mr Vella suggested they burgle the Grimas, an elderly couple who lived on their own.

Mr Bonnici and Mr Borg eventually accepted and that evening, some time after 8.30 p.m., the three headed towards the Grimas' apartment in a black Volkswagen equipped with tape, stockings and a hood among other items.

Mr Vella knew the couple's movements so the three men waited for Mr Grima to walk the dog and return home. That was when they surprised Mrs Grima who was waiting for her husband by the door. Once inside, Mr Vella tied up Mrs Grima with tape and gagged her while Mr Bonnici and Mr Borg tied and gagged her husband. Mr Vella then tied the couple together with a leather belt.

The intruders then searched the house for valuables and took over Lm1,000 in cash and jewellery.

They spent about half an hour in the apartment and before they left they noticed that the couple could no longer breathe. But none of the three did anything to help them. They even drank some milk and smoked while in the Grimas' home, the prosecution says.

During investigations, the police carried out DNA tests on cigarette stubs found on the scene. When compared with Mr Vella's DNA the two were "perfectly compatible".

The case, presided over by Mr Justice Galea Debono, continues.