Defence insists accused were 'victims of circumstances'

The lawyers defending three family members standing trial for the murder by omission of 18-year-old Rachel Bowdler yesterday told jurors their clients were victims of circumstances and asked them to deliver a not guilty verdict today.

As the trial entered its last stages, the jurors - five men and four women - yesterday heard the final submissions by the parties in the case against Carmel and Concetta Decelis, both 57, and their son Jason 29.

All three are pleading not guilty to the voluntary homicide of Ms Bowdler when they dumped her, when in critical condition, in a field in an area known as Ras Il-Gebel, in the limits of Mgarr on May 13, 2001.

Jurors first heard Assistant Attorney General Anthony Barbara, prosecuting, emphasise that the Decelis family had acted as one to cause the death of the young woman when they allowed her to die of a drug overdose.

"The actions and decisions taken, that led to her death, were taken by the three together... They did what they did because they feared getting into trouble with the police...

"They placed their interests before Rachel's. Rachel was not in a state to do anything but they were in a position to do a lot yet they chose to condemn her to die rather than get into trouble. Had they taken her to the hospital she would have been given an antidote and would still be alive," Dr Barbara said insisting that the Decelis family has caused her death.

Mr Justice Joseph Galea Debono, presiding over the trial, reminded jurors that they were to take the proceedings as being three separate trials. They were to deliver three separate verdicts and, when deliberating on the case, they were to keep in mind that anything said by one of the three accused did not amount to evidence against the other two.

Lawyer Chris Soler then rose to make the final submissions in the defence of Carmel Decelis, he is representing with lawyer Chris Cardona.

He said his client was nothing but a victim of circumstances. When his son, Jason, called him to go to his mother's Bugibba apartment he went and, on seeing the young woman lying unconscious on the sofa, he wet her face and chest because he really thought she would recover, Dr Soler said.

"This case pivots on what Carmel Decelis thought at the time. If you find that he would have never thought the young woman would die because of some omission on his part, then you cannot find him guilty," the lawyer added.

This point was also raised by lawyer Malcolm Mifsud, for Mrs Decelis. Dr Mifsud added that evidence showed his client had entered the picture at 10.30 p.m. when she returned home after a normal day at work.

The prosecution, he said, had failed to prove which was the point of no return, that is, when calling an ambulance would have been futile in saving Ms Bowdler's life. Had Mrs Decelis called for help at 10.30 p.m. it was equally probable that the young woman would die.

Lawyer Martin Fenech for Jason Decelis asked jurors to return a not guilty verdict as his client never intended causing the death of anyone. Clearing him would allow him to start a whole new life, Dr Fenech said.

Mr Justice Galea Debono then started the summing up of the trial which he is expected to conclude this morning after which jurors will retire to deliberate.