Lawyers crossed swords in court today about whether reference should be made to a guilty plea filed in 2012 by a man charged with attempted murder as the court started hearing the trial by jury of Matthew Mizzi, who stands charged with being an accomplice in the violent hold-up.
Mr Mizzi, 29, of Cospicua is charged with being an accomplice in the attempted murder carried out by Jonathan Coleiro, being in possession of a firearm, driving the car allegedly used in the armed robbery without a licence and filing a false police report.
The incident happened on April 13, 2009, when Mr Mizzi drove Mr Coleiro to a shop called Seven Mobiles in Birkirkara with the intent to carry out a robbery.
Mr Coleiro was met by the shop's owner Charles Zammit and fired a shot at his direction, missing his target. He held Mr Zammit against his will in another room at the back of the shop while he carried out the robbery uninterrupted. He then made off with three mobile phones and a laptop.
In an effort to disrupt the robbery, an infuriated Mr Zammit gave chase, and was shot at numerous times at point blank range by Mr Coleiro. He was hit once in his left arm.
Following the hold-up, Mr Mizzi approached the Msida Police Station and reported that while he was in Birkirkara waiting for his girlfriend, he had spotted a masked person firing gunshots who subsequently forced his way into his car, held him at gunpoint and ordered him to drive.
In the jury's absence, prosecuting lawyer Elaine Mercieca, from the Attorney General's Office, and defence lawyer Michael Sciriha crossed swords on whether the jury should be informed that Mr Coleiro had submitted a guilty plea just as he was about to face a trial by jury in 2012. He was sentenced to 15 years imprisonment.
Dr Sciriha argued that if reference was made to the prison sentence or guilty plea of Mr Coleiro, Mr Mizzi would suffer "irremediable" prejudice and a case of unfair trial or mistrial.
Dr Mercieca in turn argued that failing to make reference to Mr Coleiro's sentence meant omitting an important fact. The way the court had reached the conclusion to condemn Mr Coleiro was crucial.
Mister Justice Antonio Mizzi who presided over the jury informed Dr Mercieca that the details were bound to emerge anyway.
However, referring to Dr Sciriha's use of the word 'mistrial', he warned the lawyer that he was at the "end of his line" and that the members of the jury were not "gullible".
The case continues.