The two men accused of murdering a hairdresser in Paceville earlier this month were yesterday denied bail even though the police had no objection to it.

By no stretch of the imagination could he be found guilty of murder

One of the accused, Brian Cini, had a clean police record and from evidence produced had nothing to do with the fight, his lawyers argued in trying to win bail for their client.

“By no stretch of the imagination could he be found guilty of murder,” said Giannella de Marco who is representing Mr Cini alongside Joseph Giglio.

Franco Galea, who is legal counsel for Joseph Zahra, argued that his client had his eight-year-old son with medical problems to look after and he was currently looking for work to provide for his family.

In his own submissions on bail, Police Inspector Keith Arnaud said the most important witnesses had testified and that, if bail were to be granted, it should be accompanied by a hefty deposit.

But Magistrate Neville Camilleri denied bail and also decreed that there was enough evidence to place the two under a bill of indictment.

The accused, both 28, are pleading not guilty to killing 47-year-old Mario Galea in an assault on August 9.

Mr Galea was left in the middle of the road where he was then run over by a white BMW taxi and died from a combination of injuries sustained in the fight and accident, an autopsy revealed two weeks ago.

A taxi driver, Peter Grima, testified yesterday that he recognised Mr Zahra, who had spoken to him a few days before the incident, as the person who dealt the blows to the victim.

Mr Grima said he witnessed the fight from across the street as he waited for passengers to turn up.

He recalled Mr Zahra beating the victim as Mr Cini, whom he identified as wearing a grey top, looked on. The latter then got into a green Peugeot car while the beating continued.

When asked how he could recognise Mr Zahra, Mr Grima said that some days before the incident, Mr Zahra had walked up to him and said that he knew him but their conversation ended there.

On the night in question he could also recall Mr Zahra shouting at the victim to hand over €50 and the victim replying that he was not carrying any money.

At one point he had to leave and on his return he was informed that the victim had been run over by another taxi.

A second witness was Lawrence Falzon, a manager at Wembley Garage just across from where the argument began. He testified that, although he could not identify the men from their physical appearance, he could identify them from their t-shirts.

One of the accused was wearing a blue or green t-shirt, the other a grey one and the victim had on a red t-shirt, he said.

At one point in his testimony he said that he might have mixed up the colours because he was feeling sick but his police statement was correct.

Also on the witness stand yesterday was taxi driver Robert Aquilina, who was driving the white BMW taxi that ran over the victim.

He, however, invoked his right not to testify because of the possibility of incriminating himself.

Lawyer Noella Sciriha also appeared for Mr Zahra.

The case continues.