Police tell judge crucial evidence could have been tampered with

A crucial piece of evidence in an attempted murder trial could have been tampered with when parts went missing from the police compound in Pembroke, a police superintendent revealed yesterday.

The uncertainty about the evidence – an off-road motorbike and, in particular, its headlamp – emerged in the morning after jurors were showed the bike in the court’s garage in the trial of Ronnie Azzopardi who is pleading not guilty to trying to kill the brother of criminal Melchior Spiteri, who, in turn, had murdered his own brother, Jason, Is-Sufu, in 2001. Mr Spiteri is serving a 30-year jail term for the crime.

Mr Azzopardi allegedly rode the bike in question during the alleged shooting.

Defence lawyers Edward Gatt and Kris Busietta noticed that the red, detachable headlamp of the machine was missing and formally informed the presiding judge once back inside the courtroom.

Lawyer Nadine Sant, from the Attorney General’s office, said she had sent court expert Joseph Zammit to take photos of the motorbike on March 11 when the headlight was still attached.

Mr Justice Michael Mallia said there might have been “tampering of evidence” and asked the Police Commissioner to investigate the matter. He then summoned Police Superintendent Carmelo Magri, who was responsible for the motorbike’s storage and transportation, to testify in the presence of the jurors.

Supt. Magri explained that the headlamp was still attached to the motorbike until the vehicle was moved to the court’s garage. “Someone tampered with it,” he said.

Almost two hours later, the officer reappeared in court and explained that the headlamp had fallen off at the Pembroke compound when it was prepared for transportation. “I spoke to the police officers who got the bike and, as they moved it, the headlight fell and they left it there. It’s on its way,” he said.

Mr Justice Mallia pointed out that there was no need for further investigation.

The bike was then examined by Mr Zammit who pointed out that it was secured to the bike by means of two rubber straps, which had frayed by time. The witness explained there were no wires connected to the headlamp and no switches on the bike, which was designed for off-roading.

Mr Magri returned in the afternoon session and asked to address the judge. In the absence of the jurors, he said, prima facie, investigations indicated there had been a theft from the Pembroke compound and that the headlamp could have been tampered with and the rubber straps actually cut. More importantly, the damage was done recently. This conflicted with what the expert said in the morning.

At this point, Dr Sant asked the judge for the jurors to be made aware of this development but Dr Gatt strongly objected and, slapping his hands together, said the jury would be over if that happened because it would be prejudicial.

Mr Justice Mallia ruled that, at this delicate stage of the trial, the report by the expert was sufficient and this development would serve nothing but complicate and hinder the quest for truth. He ordered that the trial would continue.

Dr Sant then asked that Mr Zammit be recalled and asked whether he could exclude that the straps had been cut. The judge dismissed the request.

Giovanni Spiteri, also known as Jonathan, said that on January 5, 2003, he had gone to see his girlfriend in Marsascala and left at about 12.30 a.m. Driving on the Marsascala bypass near the Park of Friendship, he heard an off-road bike which then appeared beside him. He immediately recognised the accused since the helmet did not cover his whole face.

He said the accused produced a gun from his jacket and fired into his open window as he ducked to try and avoid the shots. One bullet hit him in the shoulder and he decided to play dead and his car crashed against a wall. He said he kept his eyes open and saw the accused do something with the gun and drive off.

Mr Spiteri said he had told the police it had been Mr Azzopardi who had shot him. He did so at the first opportunity because he thought he would die.

Mr Spiteri said that since the incident he did not go out anymore because he was so scared and even when walking down the road he would constantly look over his shoulder.

The case continues.