A murder trial was dissolved for the second time in two years yesterday after Police Commissioner John Rizzo was deemed to have given evidence considered prejudicial to the accused.

The retrial of 35-year-old Brian Vella over the double murder of an elderly couple in Sta Lucija in 2000 had barely entered its second day when, testifying, Mr Rizzo suggested the accused could have had previous convictions.

Mr Justice Joseph Galea Debono directed the jury to leave the court and, after hearing submissions from the defence counsel, ruled that the trial should be dissolved because the Police Commissioner's comments could be deemed as prejudicial to Mr Vella.

Under the rules of evidence, the prosecution is generally not allowed to refer to previous offences by the accused because this could prejudice the jury. Mr Justice Galea Debono explained there were exceptions to this rule but that none of these exceptions applied to the case being heard.

Mr Vella was being tried for the murder of Gerald and Josephine Grima, who where found bound and gagged in their apartment in Sta Lucija on February 17, 2000.

His first trial had started in February 2004 but had been dissolved after the court decreed, following a request by the defence, that the testimony of co-accused Dominic Bonnici, who admitted his involvement in the double murder, was not admissible.

At one point in his testimony yesterday, the Police Commissioner - who had led the initial investigation prior to his appointment to head the police force - said that after being charged, the accused had asked to see him and confessed to the murder. By then, Mr Rizzo was no longer the investigating officer because he had been appointed Police Commissioner and the accused had already been charged in court.

"I told him that I could not speak to him... but he insisted," Mr Rizzo said, before adding: "He was in prison at the time."

At this point, Mr Justice Galea Debono intervened, explaining that he was trying to avert any damage to the proceedings.

He gave the defence lawyers time to discuss the matter with their client to see, together with the prosecution, whether, in spite of the comments, the trial could go on. He warned, however, that he would only agree to go ahead with the case if the defence gave an assurance that the issue would not be raised in any appeal.

When the court reconvened, the defence was not in a position to give such a guarantee, saying that the comments by the police chief could very well prejudice the jury panel.

Acknowledging the incident, prosecutor Mark Said contended it was not so serious as to require a retrial.

However, Mr Justice Galea Debono said he was worried the issue could be brought up in an appeal. "Isn't it better to be cautious than go through the whole proceedings and then have it collapse because of this," he asked.

After retiring to consider the matter he ruled the trial dissolved.

The jurors were told they were exonerated from their duties to this trial but could be selected for another trial in an upcoming jury selection.

The accused was represented by lawyers Anglu Farrugia and Chris Busietta.

Bill of indictment

The Times reported yesterday that the bill of indictment alleged that the accused had met up with Dominic Bonnici and Robert Borg and the three went into the victims' house where Mr Vella tied up Mrs Grima with tape and gagged her while Mr Bonnici and Mr Borg tied and gagged her husband.

It must be pointed out that Mr Borg was not inside the victims' house as he had decided not to join the other two. This part of the bill of indictment was inadvertently omitted from the report appearing in The Times.

Any inconvenience is regretted.