Magistrate comments on gun-related crimes
A man charged with attempted murder was still a very good friend of his alleged victim, a lawyer said in court yesterday.
Horace Fenech, 32, appeared before Magistrate Antonio Mizzi charged with the attempted murder of Nicholas Catania, 26, on Monday at about 7 p.m.
The incident was apparently sparked off by a heated argument between the two in an area known as Il-Fawwara over the trapping of birds in Mr Fenech's fields. The quarrel escalated, punches flew and, finally, three shots were fired with Mr Catania being showered with hot lead on his shoulder.
On asking for bail, defence lawyer Ludvic Caruana urged the court to take into consideration the fact that his client understood that if he were to breach any of the bail conditions he would go to prison. The magistrate pointed out to the defence counsel that the incident should have never happened, adding that "I don't go for my best friend brandishing a shotgun".
His client would not try to leave the island because he has strong ties here, Dr Caruana added.
Magistrate Mizzi said he failed to understand what was going on in the country given the crimes taking place involving the use of firearms.
Bail was denied.
Police Inspector Tony Cachia had pointed out earlier that, at this point in time, there was fear that another argument might erupt between the two.
Dr Caruana rebutted this saying that the two men had remained best friends even after the incident.
The court informed Dr Caruana that he could ask for bail at a later stage.
13 Comments
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John B.Vincenti
Jan 5th 2009, 14:04
Further to my previous comment, I am attaching a link (see below) for the perusal of the uninformed and biased:
http://en.wikipedia.org/wiki/Gun_politics
Please consider it an educated discussion of the related subject, especially to our Law enforcers.
Controlling guns does not control a society. History has shown time and again that prohibition produces the complete opposite results.
S. Farrugia
Jan 2nd 2009, 17:54
@Franco Farrugia
I feel very sad for your situation because you don't face the facts. Target shooting and arms collecting is a very interesting and rewarding subject. I really hope that you learn to see the difference between law abiding citizens and criminals.
John B.Vincenti
Jan 2nd 2009, 14:05
Re: The Magistrates failure to understand:- One does not have to be a genius to realise that our society's morality and soul have gone to the dogs.
It is not the availability of weapons that is making our society violent, it is the legacy of a failed system. The removal of corporal punishment, excessive rights or lack of punishment to students who are incorrigible. The beating up of Teachers ( by the student or their parent) who try to discipline such unrepenting students. When the punishments meted out to offenders don't reflect the crimes, where is the incentive to deter further crime? Where is the fear of God in this progressive society of ours.
Everyone want's their rights and immediate self gratification without patience or sacrifice, yet no one wants the accountablitily for their actions. When this lack of accountability has become the norm amongst our Politicians over the years, does one expect any better from society except to follow by example?
We have be sparing the rod for too long, our society is spoiled to the bone.
Agnostically yours.
Stephen Petroni
Jan 2nd 2009, 09:21
Unjustified calls for bans or severe restrictions on legal gun ownership only serve to distract attention from three main concerns that ought to be immediately clear to anyone who approaches this subject in a scientific way rather than an emotional one:
1) Ensuring that only persons who prove themselves responsible acquire a licence as collectors, target shooters or hunters. The law provides the mechanism to control streaming. Collaboration between the authorities and organisations recommending members for such licences is of the essence as is determined action against any form of abuse by such organisations or their members.
2) The registration of guns which are as yet unlicensed and in the hands of persons who wish to regularise their position. This would ensure that such guns do not fall into the wrong hands.
3) Taking tough action against persons who abuse. The courts of law should apply the full penalties which are contemplated in the law. Moreover, any person previously convicted of a crime which involved violence of any sort or who appears to have a disposition towards repeatedly breaking the law should be barred for life from ever owning a gun or any other ‘arm proper’.
James Green
Jan 1st 2009, 20:31
@Franco Farrugia
1. In sport target shooting, to hit or get your shots as close as possible to the bull's eye, on a paper target, obviously.
2. In certain disciplines of sport shooting speed (besides accuracy) is of the essence. Thereafter refer to 1 above.
3. Beneficial in the case of a criminal with violent intent. Detrimental in the case of the brave Police Officers who went to Mqabba to control the fracas.
Many many many many many more people have been killed or injured as a result of violence due to football matches than on shooting ranges. Consider taking up your 'aim' against football hooliganism. If effective it will certainly save more lives.
Let's work together to keep firearms out of the hands of criminals with violent intent rather than targeting the lawful posssesion of those thus entitled.
Have a Happy New Year....:-)
Eric Camilleri
Jan 1st 2009, 20:01
Dear Mr Franco Farrugia
Are you asking these questions to law abiding gun owners ?
I presume you can't care less.
Feel free to continue living in your own globe.
Leon Caruana
Jan 1st 2009, 19:26
...continued
3: More to the point, it is beneficial to society to have one gun less around if that gun is an illegally owned gun and as such it would be used for illegal purposes. It is neutral to society to have one gun less around if that gun is legally owned by an honest law-abiding target shooter. Likewise, it is is beneficial to society to have one less bottle of alcohol around if that alcohol was to be drunk by a person who would subsequently drive or be involved in a heated argument. It is neutral to society if that bottle of alcohol was to be drunk by a person who would drink moderately, and within the parameters of the law.
Leon Caruana
Jan 1st 2009, 19:12
@Franco Farrugia
1: The purpose of a firearm is as a weapon or as a sport article for target shooting. In Malta their possession and usage is regulated by the Arms Act of 2005.
2. What exactly are you implying? Again I refer you to the Arms Act. Any person who steps outside what is permitted is in clear breach of the law. It is then up to the prosecuting officer and magistrate/judge to ensure that appropriate punishment is meted out. Just for your information one is required to keep a firearm for target shooting and ammunition stored securely and separate from each other at home. Likewise transported separately and securely to and from an approved range by the most expeditious route. A firearm may only be loaded and used on an approved range.
3: This is a moot point and is dependent on an agenda. Abortion, alcohol, firearms are but a few of controversial subjects which a sociologist can better expound upon. What if I believe that alcohol has a detrimental effect on society and crusade for abolition?
Franco Farrugia
Jan 1st 2009, 14:56
@ Dear Mr Portelli:
1. What is the aim of guns?
2. What is the aim of having a gun within reach?
3. Would it be beneficial, neutral, or detrimental to society as a whole to have even one gun less around?
Would you answer these questions, honestly, please?
Edward Camilleri
Jan 1st 2009, 14:39
He allegedly shot his "very good friend" three times! No wonder persons like him have no reservation when shooting protected birds!
Anton Portelli
Jan 1st 2009, 12:47
The title of this article unfortunately tries to imply that guns are always crime related. I can imagine that if guns did not exist on our island this man would still have been brandishing some other equally lethal thing like a knife, or a spade, or an iron pipe or just a branch of a tree or a stone or something from an endless list.
Thus it is important that courts give good lessons for all types of criminal acts, as a deterrent against crime.
M.Gauci
Jan 1st 2009, 09:14
With best friends like that...who needs enemies ?
Charles Sammut
Jan 1st 2009, 08:52
Hopefully these two gentlemen will not have any reason to quarrel over this matter again since trapping has now been banned.
Or has it?