The police officer and former driver of Home Affairs Minister Manuel Mallia, Paul Sheehan, this afternoon asked a court not to testify in the case against a Scotsman for fear of incriminating himself.

He was summoned to testify in the compilation of evidence against Steven Morrison Smith who stands charged with driving under the influence of alcohol, damaging the minister's car on November 19 last year and with breaching traffic regulations.

However, when he appeared before Magistrate Josette Demicoli, he refused to testify since his case is still pending.

Mr Smith was on the receiving end of two shots fired in his direction by Mr Sheehan, who is facing separate criminal proceedings where he stands charged with Mr Smith's attempted murder.

As the case against Mr Smith continued, Police Inspector Jesmond Micallef said Mr Smith told the police during interrogations that that evening he was at the Black Gold bar in Sliema and left at about 8.30pm.

Before heading home he decided to stop at a confectioner, located in Nazju Ellul Street, to buy a pack of water. As he was driving, he hit the mirror and side of a parked Mercedes and stopped “to exchange details”. That was when he saw Mr Sheehan holding the gun.

He drove off in fear and heard two shots. He carried on driving towards  Regional Road and realised he was being followed by the Mercedes he had hit.

When he arrived at the Santa Venera tunnels, he saw police cars and "felt relieved" that the police had come to his rescue. But, to his surprise, the police asked him to lie face down on the ground and handcuffed him, he told the police.

The inspector said a breathalyser test performed on Mr Smith marked 109 mg. He said that when Mr Smith was told he had the right to speak to a lawyer before his interrogation, at first he refused but later asked to consult Manuel Mallia, a criminal lawyer who at the time was also Home Affairs Minister. But he was told that it was not possible.

He also said he did not known Mr Sheehan, who was in plain clothes. He also denied assaulting Mr Sheehan with a beer bottle but a Heineken bottle was found in his car.

The case continues.

Lawyers Joseph Giglio and James D’Agostino are appearing for Mr Smith. Inspector Jonathan Ransley and Superintendent Alexandra Mamo are prosecuting. Lawyers Edward Gatt, Michael and Lucio Sciriha appeared for Mr Sheehan.