Lawyer assaulted at his office denies withdrawing money from court

A lawyer, who was assaulted at his office last month, yesterday took the witness stand for a second time in the case against his two alleged aggressors.

Lawyer Tonio Azzopardi testified before Magistrate Lawrence Quintano in a lengthy court sitting characterised by bickering between him and the defence lawyer.

Philip Camilleri, 56, of St Paul's Bay and his 26-year-old son, also called Philip, of Marsa, are pleading not guilty to injuring Dr Azzopardi, holding him against his will and using violence to force him to do their bidding at his Valletta office on July 3 at about 5.30 p.m.

The alleged incident arose over a schedule of deposit of some Lm5,000. Dr Azzopardi had represented the wife of Mr Camilleri (senior), Joyce, as legal aid in a civil case that he won. The Camilleris are claiming that the money was in his possession and Dr Azzopardi is categorically denying such allegations.

In yesterday's sitting Dr Azzopardi exhibited further documentation showing that he never withdrew money from the courts in connection with the Camilleris' case. Among the documents exhibited is a declaration dated July 18 this year in which the Director of Courts, Kevin Mahoney, confirms that a sum of Lm3,024 in line with a schedule of deposit was still retained under court authority.

Dr Azzopardi said he worked to expedite the release of the money which belonged to his client - Mrs Camilleri.

He later learnt that lawyer Chris Cilia, who eventually represented Mrs Camilleri, had instructed her not to sign papers to allow the money's release.

Referring to a statement released by Philip Camilleri (junior) Dr Azzopardi denied being the one to assault father and son. "I was the one who was assaulted suddenly," he said.

When cross-examined by lawyer José Herrera, for the Camilleris, Dr Azzopardi explained that as a legal aid lawyer he had been appointed to represent Mrs Camilleri because she had no means to pay a lawyer.

Dr Herrera asked him to say what amount he had charged Mrs Camilleri for his services and asked him whether or not it was true that he had charged her over Lm1,000 for a case that involved Lm5,000.

Dr Azzopardi categorically denied this insinuation. He said this had been a false impression of Dr Cilia, who had been later appointed by Mrs Camilleri, and he had no idea from where he got this idea.

Dr Azzopardi added that he had charged Mrs Camilleri Lm150 in fees. He never sent a bill but had informed her that there would be extra juridical fees of a reasonable amount. He had not been paid the Lm150.

"But you were paid by the state as a legal aid lawyer and you expected to also get paid by the client... I would be careful about saying such things," Dr Herrera cautioned.

Replying to this comment Dr Azzopardi explained that, the way he saw it, a person was given legal aid because s/he had no means. If the case was decided in favour of that client, who was awarded money, then that client's financial stance changed, he said.

At the end of the sitting Dr Herrera asked the court to consider whether it was the case to caution Dr Azzopardi in terms of article 112 of the Criminal Code which dealt with unlawful exaction.

"You are trying to get a colleague into trouble," Dr Azzopardi said as Dr Herrera asked the deputy court registrar to put his request in writing.

After warning the two lawyers to keep calm and after putting off the case for over an hour, Magistrate Quintano told the lawyers to stop such bickering as this was not directly related to the merits of the case.

Dr Herrera argued that he was trying to prove that there were elements that excused certain actions but the magistrate warned him that there were certain actions that could not be excused.

Police Inspector Pierre Micallef Grimaud prosecuted.