DNA tests indicate presence of third, unknown, man

The defence team of a man standing trial for the murder of an elderly couple in their Sta Lucija home, told jurors that although forensic evidence showed the accused was in the victims' apartment there was nothing to prove he had assaulted them or intended to kill them.

Lawyer Anglu Farrugia, who is representing Brian Vella together with lawyer Kris Busietta, was making his arguments after the prosecution summoned its last witness to the stand.

Mr Vella is pleading not guilty to the murder of 79-year-old Gerald Grima and his 63-year-old wife Josephine on February 10, 2000.

The last witness of the prosecution was British expert Matthew Greenhalgh who explained how he carried out DNA comparative tests on various exhibits.

The exhibits were DNA-tested using blood samples taken from Mr Vella, Dominic Bonnici (who has been jailed for 30 years after he admitted his involvement in the murder) and the Grimas.

Among the exhibits were four cigarette butts. DNA tests on one cigarette matched those of Mr Bonnici, one matched Mr Vella's, one had a mixture of DNA of both Mr Bonnici and Mr Vella and the other cigarette butt had the DNA profile of a male who was neither Mr Grima, nor Mr Bonnici or Mr Vella.

In his submissions, Dr Farrugia told jurors that Dr Greenhalgh's testimony allowed them to conclude that Mr Vella was in the Grimas' apartment but they could not conclude, beyond reasonable doubt, that he had any part in the violence that led to the couple's death.

He warned jurors to use extra caution when weighting the evidence of Mr Bonnici, who testified that Mr Vella was the only person who was with him when they gagged and robbed the Grimas.

Dr Farrugia said Mr Bonnici had lied and had some form of interest in not disclosing the identity of the third man who was with him and Mr Vella. In fact, the lawyer noted, DNA analysis on one cigarette butt showed the presence of an unknown man.

However, the Attorney General's head of the prosecution team, Anthony Barbara, insisted that Mr Bonnici's testimony was corroborated by forensic evidence.

He argued that the evidence painted a clear picture of two people who were gagged and bound and left to suffocate. He said Mr Vella was the mastermind behind the whole operation because he lived in the same block of apartments as the Grimas and knew their habits.

"Here we have a typical case of murder... Mr Bonnici and Mr Vella went there with a savage and cruel intention to take the couple's money and kill them... The Grimas were gagged in a way that would obviously result in their death... The fact that Mr Vella did nothing to stop this makes him responsible," Dr Barbara said.

The trial continues this morning when Mr Justice Joseph Galea Debono is expected to conclude the summing up before the jurors withdraw to deliberate on their verdict.