This was a case of self-defence, defence lawyer insists

The defence lawyer of John Pace, being tried for attempted murder, told jurors yesterday the version of events given by the victim was not at all credible and was contradicted by other witnesses and by court experts.

Mr Pace, 42 of Birkirkara, stands accused of trying to kill Frangisku Fenech on May 18, 2003. He is also accused of carrying a gun without a licence.

Lawyer Joe Giglio argued that had his client fired his gun at Mr Fenech from the distance indicated, there must have been traces of lead shot on a number of items that still existed on site. He said Mr Fenech's attitude, hiding the weapon he used and probably even giving a wrong description of the type of weapon he had used, should shed light on the victim's credibility.

Dr Giglio said jurors should find no difficulty in reaching the conclusion that his client did not have the intention to kill as he had been charged. He had only fired his gun in self-defence after being shot at.

The defence called several witnesses.

Gerald Manfrè, a former policeman, said he knew the accused at the Msida football club and that he was a fireworks enthusiast. He recalled the accused had spoken to him about a month before the incident and told him that Mr Fenech was harassing him, was armed and that he feared Mr Fenech.

Police Inspector Paul Bond said the accused had filed a report saying Mr Fenech was not allowing him to access some property. When asked, the accused had nothing to show he had a right to use the land in question and the officer had advised him to seek legal advice as this was a civil matter.

The witness said the accused appeared to be afraid.

Mr Fenech's criminal record was exhibited at the request of the defence, and the jurors were told he had been imprisoned for murder in 1964 but that his actions were "excusable as he was acting under instantaneous passion". He was also imprisoned for attempted murder in 1977 and was twice convicted for being in possession of unlicensed weapons.

Justin Attard said the accused used to take him to a field close to Ta' Qali, where he used to enjoy tending the animals and playing with Mr Pace's children. He said Mr Fenech would turn up and start swearing and shouting and telling them to leave because the field did not belong to them. Some three months before the shooting, the accused had told him not to go anymore to the field as he wanted to sort the matter out with Mr Fenech.

The defence started addressing jurors after an on-site inquiry was held in the morning in the area where the shooting had taken place in Mosta. Several witnesses and court experts who had testified over the past few days were again summoned to go on site.

Chief Justice Vincent De Gaetano asked witnesses to recount whom they had seen and where during the shooting as an attempt was made to reconstruct what happened almost three years ago so that jurors would get a better idea of the incident.

The accused chose not to testify.

The trial continues this morning when the prosecution and the defence will again address the jury before the judge sums up the trial before the members of the jury retire to deliberate. Lawyer Anthony Barbara, from the Attorney General's Office, prosecuted.

Lawyers Joe Giglio and Roberto Montalto were defence counsel.

Lawyer Franco Debono appeared in parte civile.