Trial begins over Mosta shoot-out

A court yesterday heard how two men fired at each other in a dispute over a field, on the first day of a trial by jury of Australia-born John Pace, 42.

No one was injured in the shooting which occurred in Mosta on May 18, 2003.

Mr Pace, of Birkirkara, stands accused with the attempted murder of Frangisk Fenech of Mosta at about 2.30 p.m. and with the possession of a shotgun that was not covered by a police licence.

The bill of indictment says that Mr Pace was involved in an argument over a field, in Mosta, and repeatedly fired a shotgun at Mr Fenech.

The bill adds that Mr Fenech was not hit because he managed to escape.

Mr Fenech is alleged to have shot back and is to undergo separate court proceedings.

First to take the witness stand in the trial, presided over by Chief Justice Vincent Degaetano, was CID Inspector Geoffrey Azzopardi, who said he went over to Mr Fenech's residence after the shooting.

Mr Fenech told the officer that Mr Pace had approached him with a firearm but Mr Fenech did not want to speak to him. Mr Pace, it was alleged, entered a field near Mr Fenech's residence and started shooting.

According to Mr Fenech, Mr Pace continued to advance towards him and when he saw this Mr Fenech fetched a revolver and fired shots above Mr Pace's head.

Mr Pace stopped advancing, backed up and left the scene in a pick-up, but not before firing two more shots.

In all, seven shots were fired in his direction by the accused, Mr Fenech told Inspector Azzopardi.

The police officer said that at first Mr Pace did not want to reveal where he had put the shotgun but he surrendered it the day after the shooting.

The butt of the shotgun was broken and the accused had a hand injury, Mr Azzopardi said.

Inspector Azzopardi said Mr Pace told him that he had come in possession of a field after he had lent money to lawyer Patrick Spiteri, who offered him the field instead of repaying him. The accused had accepted the deal.

Mr Pace built some rooms there and started working the land.

Prosecutor Anthony Barbara gave the jurors the background to the case, saying that Mr Fenech had rented out a field to a lawyer and the lawyer had in turn offered the field to the accused.

Some time later Mr Fenech approached Mr Pace and told him that no rent was being paid for the field and that he should hand the field back to him as it was his property.

Mr Pace told Inspector Azzopardi he had informed Mr Fenech that he had no agreement with him. However, if the expenses he had incurred were paid back he was prepared to abandon the field.

They discussed the matter on another occasion but they failed to reach an agreement.

According to Mr Pace's account to the inspector, on the morning of the day of the shooting he was in the field when Mr Fenech turned up driving a tractor. He saw him handling a 'silver' revolver and loading it with bullets. Mr Fenech then left.

Mr Pace then went to Burmarrad to see a field that had been offered him by Dr Spiteri instead of the one at Mosta but he refused it because some farmers told him the land was not productive and the water had a high salinity content. This information angered him because he felt let down.

Dr Spiteri's secretary had phoned Mr Pace to tell him that the rent for the Mosta field could not be paid because the lawyer was in prison.

Mr Pace was asked if he was prepared to pay the rent. He was prepared to pay Lm500 but the rent requested amounted to Lm1,100 every six months.

Mr Pace told the inspector that he had been warned to be careful of Mr Fenech. He also alleged that he was subjected to provocations by Mr Fenech on various occasions. Former Superintendent Piju Pisani said Mr Pace had told him he wanted to find an amicable solution and pay the rent.

Another witness, Inspector Angelo Caruana, who picked up Mr Pace after the shooting, testified that on their way to the police headquarters in the police car, the accused told him: "I went to kill him. I am a good guy. If you release me today or next week I will kill him."

Inspector Caruana said Mr Pace told him that on the day of the shooting, he had gone to the disputed field, but did not find him there.

He then went to the windmill in Mosta where Mr Fenech lives and fired the shots but did not hit Mr Fenech. He said the shots were returned.

The accused is being assisted by lawyers Joe Giglio and Roberto Montalto.

Dr Franco Debono is appearing for Frangisk Fenech in parte civile.

The trial continues this morning.