Defence raises doubts about fatal blow

A defence lawyer yesterday appealed to jurors to use their common sense when considering the circumstantial evidence in the trial in which his client stands charged with murder.

Charles Demicoli, 34, is pleading not guilty to murdering 44-year-old Filipino sailor Perfecto Montalban on Christmas Day in Cherries Bar in Birżebbuġa nine years ago.

In the closing arguments, lawyer Emmanuel Mallia told jurors that the victim had been hit twice and not once as claimed by the prosecution. He suggested that the blow dealt to the victim by his client was not the fatal one.

In a police statement, Mr Demicoli had admitted to throwing a bar stool at the victim during a brawl but insisted that he never wanted to hurt him, only scare him away, as he was about to attack a friend of his.

Four pathologists who carried out the autopsy testified last week that the victim died after receiving one "massive blow" to the back of the head which caused radiating fractures across his skull.

Dr Mallia said this jarred with what two witnesses had said as they had recalled seeing Mr Demicoli hit Mr Montalban on the front of his head and not at the back where the fatal blow was delivered.

In fact the victim was also found to have suffered a blow to the front of his head.

Another point Dr Mallia raised was that there were many witnesses who remembered the massive fight and different people beating up the victim on the pavement outside the bar.

In reply to these arguments, the head of the Prosecution Unit at the Attorney General's Office, lawyer Anthony Barbara, said it was very clear Mr Montalban had been killed by one blow and that this had been administered by the accused.

He said the pathologists had ruled out that Mr Montalban's injuries had been caused when he fell on the pavement outside the bar.

Dr Barbara told the jurors that by using their common sense it would corroborate the circumstantial evidence.

He added that although the accused might not have wanted to kill him, everyone knew the dangers of hitting someone on the head.

Mr Justice Geoffrey Valenzia is expected to start his address to the jurors tomorrow after which they will retire to deliberate.

Lawyer Gianella Caruana Curran also appeared for the accused.