Naxxar fireworks conviction: ‘A miscarriage of justice’ –
Crushed and subdued, Mark Agius is trying to summon inner strength to prove his conviction and two-year prison sentence for illegally storing fireworks in the Naxxar Peace Band Club basement is a miscarriage of justice.
The 41-year-old trumpeter, who never took an interest in fireworks but was passionate about the feast’s decorations, believed the court would clear him but he says his faith in the justice system has been shaken. His hopes now lay solely with the appeals’ court.
“I feel as if I’m drowning in mud. I’m broken. When the judgment was being read out I couldn’t stop shaking. Why is the magistrate using me to send a clear message?” Mr Agius asked.
On December 3, Magistrate Silvio Meli jailed Mr Agius for two years to send a “clear message” about a dangerous situation where the safety of others had been “callously ignored”.
The magistrate ruled it was impossible for Mr Agius – one of four who held a key to the basement – not to have noticed the place was packed with boxes of explosives and gunpowder. But Mr Agius is insisting he never saw or suspected anything because all the boxes were hidden in a small room whose entrance was concealed behind a tall white cupboard.
The decision has filled Mr Agius with anxiety. His legs and hands twitch as he spreads photos on the kitchen table to prove it was impossible for him to have seen the explosives.
“I used to store the paint in that cupboard. Little did I dream there was a secret room behind it. I never saw, heard or knew anything about the explosives hidden in this room – I didn’t even know this room existed,” Mr Agius told The Sunday Times.
Speaking from his Qawra apartment, flanked by his wife Charmaine and seven-year-old son Jake, Mr Agius plans to appeal, but in the meantime he fears for his job with the health service and the future is hazy as long as the conviction hangs over his head.
On the day of the judgment the couple were convinced he would be cleared and his wife told him “when you get back we’ll go to church to thank God, put all this behind us and start the new year afresh”.
“I’m so angry. You go to court in the belief the truth will emerge. How can an innocent man be sent to prison? I’m not defending him because he happens to be my husband; I’m standing by him because I believe him. We still trust the truth will finally surface in the appeal,” Ms Agius said.
Police had received a tip-off in May 2008 that fireworks were being stored illegally in the band club’s basement. They raided the premises less than a month after a blast in Ħal-Dejf Street demolished three houses and killed two people – Paul Camilleri, 47, the man suspected of illegally manufacturing fireworks in his garage, and his neighbour Sina Sammut, a 35-year-old mother of two.
After the raid the band club committee, 10 men and a woman, were charged with illegally storing fireworks and their case is still being heard. Mr Agius was charged separately and in his testimony police inspector Elton Taliana said he had been arraigned because he was one of the key holders.
Mr Agius, contrary to many other members, never held a licence to manufacture fireworks, nor had he ever accompanied anybody to the fields where they were let off during the feast.
“Fireworks were never important to me. Playing the trumpet and putting up decorations in the club were my passion,” he said.
Staring ahead and recounting what he has repeated to the police, his lawyer and the court numerous times, Mr Agius said he normally went down to the basement to regulate the timer of the club’s lighting system. However, he insisted he had no idea that fireworks were stored there.
“I sometimes went down with my son. There is no way I would ever expose him to danger or do something so irresponsible if I knew explosives were stored down there. There is nothing to prove I knew the boxes were kept hidden and no fingerprints. So why am I being jailed?”
Handing down judgment, Magistrate Meli ruled that the incriminating material was not kept exclusively in the secret room and was instantly noticeable once anyone set foot in the basement.
However, when Mr Agius was first arraigned, Insp. Taliana told the court: “The fireworks we discovered were hidden behind a paint cupboard. It concealed a small room, about 1.5 metres squared and a storey high, piled with boxes full of fireworks related material.”
The magisterial inquiry report too says “all the explosive material” was discovered in this small room,” which had no window and the only access was through a door hidden behind a cupboard”.
The court also heard how two previous police searches of the basement yielded nothing. It was only after they received confidential information that they learnt about the secret room.
Mr Agius said once the Explosives Ordnance Disposal were called in all the boxes were brought out of this secret hiding place, laid out in the outer area of the basement and photos taken. This evidence, he believed, was why Magistrate Meli ruled it was impossible for him not to have noticed anything.
“I know people out there are saying I deserved the two-year jail term and if I was aware of the illegal storage then I would deserve much more, but this is not the case. I’m clutching at anything that will help me stay afloat – the only thing keeping me from drowning is my family.”
The Sunday Times
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C SCIBERRAS
Dec 26th 2010, 22:38
Jien li naf tajjeb il-familja ta Mark,konvint li Mark ma kienx jaf bin-nar ghax kieku ma kienx jinzel ma ibnu f'dak il-periklu.Naf ukoll li Mark ghamel karita w sagrifficji ma tfal sfortunati li gew fdati lillu ghax u ragel responsabli.
k grech
Dec 15th 2010, 07:33
could it be that there were other persons who had access to that basement? could it be that other past committee members knew about that hidden room and not the present committee members some of whom had only been in the committee for just a month and others had never gone down in the basement yet? justice should prevail and those who are really guilty should be caught. it is not fair to blame someone who may be innocent.hope that the persons who are really behind this room get caught.
rebecca mallia
Dec 13th 2010, 14:13
There are a lot of loose ends in this case and Mark Agius can in no way be used as a scapegoat.The people responsible for hiding the explosives there should be truly ashamed of themselves and speak up to save ruining an innocent family who as a fact I know, go out of their way to help the society we live in. I wholeheartly believe Mark is innocent and this was a miscarriage of justice.May he be proven innocent in the trial coming up since he deserves it
Mario Bianchin
Dec 13th 2010, 05:40
The government needs to get a hold of this situation. Their involvement in the killings should also be considered; they aren't doing enough to curtail the problem. Slapping down justice in the shadow of such weak legislation is cowardice. I understand that fireworks 'has become' a recent tradition for some in Malta and that there is a need to continue this. However, the distribution of so much explosive across the islands with access to so many people at any one time is concerning. Centralize the operations to one facility situated in a remote area and that is managed/secured by the government/police - someone independent of feast-fireworks people. Feast operators then utilize the facility under a rental scheme according to the feast schedule and explosives stored or brought into the facility has a low residency period. This should work as not all feasts occur at the same time.
Godfrey Borg
Dec 12th 2010, 20:03
I am morally convinced that Mark Agius is a truly innocent man and the judicial system needs to check again and again that there will be no miscarriage of justice in his judicial process. This could destroy a person and his family. The general public should know that this person not only cares for his wife and son but also for other persons' children by offering them a chance to be raised in a good family environment. I am morally convinced that this should be taken into account.
I think the Naxxar citizens' should make it a point that they will raise their voice and not allow that Mark will be used as a scapegoat especially if some other persons really knew what was actually happening.
I hope that true justice will prevail.
T. Gatt
Dec 12th 2010, 17:18
Please, can one of the "other three" courageously comes out and says the truth? There is a family in between. Somebody knows who is the real culprit. How can this somebody sleeps soundly and quietly by night while another one is in prison innocently because of him?
Jason Zerafa
Dec 12th 2010, 16:19
I am more than convinced that Mark is an honest and trusthworthy person since I know him and his family closely. I know how much he adores his son and would definitely not go to the basement accompanied by his same son should he have known there was danger overthere.
As a family both Mark and Charmaine have made many sacrificies to help not only their son but also other children who crossed their path. Mark would surely not be involved in harming other people's lives.
Mark may God help you and your family in this difficult moment, and may the truth surface quickly. You can always count on your friends.
Kevin Zammit
Dec 12th 2010, 17:03
Like some people here said. Somebody did know and we find it hard to believe Mark knew nothing. Lets assume he did not know then somebody on the inside of the club knew and this person who knew is a colleague of his.
So it does not take a genius to figure out that Mark's friends have sold him down the river and in the meantime that poor husband as well normal and law abiding hard working citizen who lost a young wife and those two children brought up without their mother have to suffer the consequences for the rest of their life. Who are those innocent family's friends? I think we all are right now.
tony abela
Dec 12th 2010, 14:35
To me it is odd that only one of the four who had the key have been charged and sentenced.
The Court should have hammered the police prosecutors why thy did not draw charges to all four of the key holders.
Justice will seem to have been done if rightly or wrongly all four were treated equally, either all guilty or not.
Can the police explain why only one of the four key holders have been charged?
S Vella
Dec 12th 2010, 14:24
I have my doubts that Mr Agius did not know about the secret room and the explosives hidden there since he is very familiar with the club and store room of the club and had a key to the place, but what abot the other 3 men who had a key? If Mr Agius is getting a 2 year jail sentence I believe the other 3 should get the same because they are none the less than Mark. I think the persons investigating should see the connections between the Paul Camilleri who lost his life in the explosion and other persons involved in Peace Band club and eventually had access to the basement were the explosives were hidden,
I totally agree that Mr Justice wanted to give a clear message to the society and it is important to do so, but I beleive that not just one person has to be the scape goat for all those involved.
This crime was very serious considering the explosives were in a public place were children go to learn musical instuments, a social gathering and cultural public place in the heart core of the village opposite a petrol station!
C. Aquilina
Dec 12th 2010, 13:56
I am sure that finaly the truth will come out and justice will be done at the appeal stage and Mark will be declared innocent.
Cassar
Dec 12th 2010, 12:16
What about the other 3 who had the key?
k grech
Dec 12th 2010, 11:27
jalla il-verita tirrenja u dawk li mhumiex hatja ma jehlu xejn ghax tac cajt meta m'hemx provi fuq persuni bhal mark agius u jehel il habs fuq haga li seta qatt ma ghamel. jekk iridu vera jsiru jafu min kien il mohh wara dik il-kamra mohbbija iffitxu u jsaqsu il-kumitat tas snin passati u, li bnew il bini tal parti il gdida tal-kazin flimkien mal basement li ma jmurx hafna lura fi snin imma xi tnax il'sena. jalla nies bhal mark agius li jhobb l'armar u i lbanda u l iqatt ma kellu xjaqsam ma nar ma jigux uzati bhala is sagrificju biex jitfaw il-htijja fuq xi hadd.
r curmi
Dec 12th 2010, 11:15
If this dude is saying the truth then he is being made a scape goat. And yet those who store illegal fires I belive still do.
And while this guy gets himself a 2 year "holiday" in our 1 star hotel Darren the shooter guy is set free by our magistrates who in this case were so hell bent to send a message... pity they didnt try to send any hard message for the failed HSBC holdup as well
J Galea
Dec 12th 2010, 11:11
Fireworks safety in Malta is not something taken very seriously and the public needs to be protected. That said, this sentence seems harsh and the person seems to have a good case on appeal. Even following decision of an appeal court, some jurisdictions allow a further appeal if new evidence comes to light at a subsequent stage. An independent body would normally assess the new evidence etc. Is there such a body in Malta? See http://www.ccrc.gov.uk/
Geoffrey Mifsud Farrugia
Dec 12th 2010, 11:01
Let's assume that this man is saying the truth and that, although he had a key to the store, he had no clue of the fireworks in the secret room. In this case one of the other keyholders should know the truth or the coward who is behind this should come forward.
Mr Agius might not be the real culprit but I am quite sure has a good idea of who is the person or persons behind it. An innocent person shouldnot end up in prison whilst the criminal is scott free.
The magistrate was right in wanting to send a clear message. No one will disagree on one thing in this case - storing fireworks illegally in the basement of a band club is so irresponsible that it has to be condemned.
Joseph Galea
Dec 12th 2010, 10:59
If this is all true Mr Mark Agius should make an appeal not to the law courts but to his other dearly 9 friends, so whoever did the crime would turn himself/herself in to the police, because true friends will never let their beloved colleague be wrongly convicted.
If on the other hand Mr Mark Agius has enough evidence to believe that all his beloved friends/colleagues are not guilty ,then I believe too that he has to do the sentence that fits the crime according to law.
S.Sihto
Dec 12th 2010, 10:52
So if the police, on two occassions, failed to notice a hidden entrance, how can a magistrate expect an unwitting musician to discover this ? Clearly Mr Agius is being used as a scapegoat while the perpetrators go free !
I have met Mr Agius on a professional level: he is a hardworking honest man, soft spoken and dedicated to his family.. I'm sure the court can find plenty of witnesses to testify for his character.
Marthese Mussett
Dec 12th 2010, 19:38
I agree.His colleagues should speak up.Being wrongly convicted is no joke.As JP Muscat said,sometimes our own kids could hide things in their bedroom without us knowing.Hope the truth will come out in the end to avoid unnecessary suffering.
Paul Caruana
Dec 12th 2010, 10:49
So....who knew about this room? Presumibly, the police have interviewed all the key holders to this room, and no doubt they all are saying the same thing!
Therefore, no one will be found to be ultimately responsible, and people will keep on storing explosives in buitd up areas (so long as access to such secret explosives depots is shared between more than one person).
Only in Malta....
A Agius
Dec 12th 2010, 10:40
Mela mela .... issa juruna ir-ritratt tieghu mal-familja halli nghidu "iiiiii miskin" u nithasruh. Lil min irid ibellagha li ma kienx jaf bl-isplussiv? Grazzi ghal nies bhalu li il-hajja ta' hafna nies li m'ghandhom l-ebda nteress fil-festi tal-irhula qieghda tigi mhedda - tfal inkluzi.
Jekk veru li hu ma kienx jaf, u jrid jehodha kontra xi hadd, mela jehodha kontra shabu stess li hbew l-isplussiv hemmhekk minghajr ma qalulu u pperikolawlu hajtu wkoll, flimkien ma' ta' hafna ohrajn.
Jp Muscat
Dec 12th 2010, 13:05
Sur A Aguis tigudikax qabel ma tkun taf kollox il media igib bis li jaqbila ahna li ahna naxxarin nafu li mark huwa bniedem inocenti. Jien min int ma nafx forsi lquddiem ghad ikollok tfal li jahbulek xi oggeti ilegali go darek stes minajr qas bis tkun taf. Imbad zgur ma tigix tiftah halqek hawn. Ejja nkunu realistici hu ma nikundanaw lil hadt qabel ma tkun taf xini lverita. Jien nixtieq insaqsi mistoqsija wahda fejn kien is-sur Taljana meta xharejn qabel kien hemm elezjoni u kulhadd jahraq in-nar fil-pjazza??? Jew forsi fejn jaqbilu jejd li huma ilegali?? Anyways ma nafx kemm il-kaz kontra criminali ghadna li qas huma solvuti imbad nigu nizvugaw f'persuna bhal mark ezat bhal SCOTLAND YARD eee listess.....
A Agius
Dec 12th 2010, 20:41
Jp Muscat issa se toqghod tigi tghidli li jekk ikolli t-tfal u jahbuli l-affarijiet ma nigix niftah halqi .... heh mhux hekk... haga komuni hux li t-tfal jahbu per ezempju l-isplussivi fil-gwardarobbi .... jien nista nghidlek bl-istess argument illi li kieku tar il-kazin b'kollox u mititlek il-mara u t-tfal .... kieku ma tigix tiftah halqek hawn.
Haga nghidlek jien. Jekk "intom in-naxxarin" tafu li mark huwa nnocenti, hemm naxxarin bhalkom li m'humiex innocenti, ghax xi hadd qeghedhom hemm l-isplussivi le? U aktar minn hekk - dawk li hbewhom huma naxxarin tradituri u kodardi ghax issa wehel xi hadd innocenti minn flokhom le? "Intom in-naxxarin" jekk tafu li mark innocenti, imisskom taghmlu minn kollox biex tohrog il-verita fil-wicc u jehel min haqqu u mhux kollha taparsi qaddisin. U jien xorta ma nemminx li Mark ma kien jaf b'xejn.