A forgetful witness in a trial by jury almost had the Police Commissioner investigating his “missing” pistol but then realised he had it at home all along.

Victor Micallef, a private gun collector and the victim of a theft in which 113 of his weapons were stolen, took to the witness stand because one of the stolen pistols was allegedly used in a hold-up in July 2004 in Qawra. Mr Micallef said the gun found by the police in the car of the defendants, Aaron Cassar, 32, of Kirkop, and Noel Frendo, 36, of Qawra, had never been returned to him.

Defence lawyer Chris Cardona suggested that the pistol might still be at the Police Headquarters.

The lawyer from the Attorney General’s Office, Lara Lanfranco, pointed out that all the exhibits had been brought to court.

Judge Michael Mallia ordered that the Police Commissioner, John Rizzo, should investigate the matter only to withdraw the instruction later on the sitting when Mr Micallef returned to say that it was in his possession.

The defendants are pleading not guilty to stealing some €7,000 from Joseph Grixti, who was 70 at the time, with other charges including drug possession.

Also taking the witness stand, court-appointed expert Marisa Cassar said she carried out DNA tests on a balaclava allegedly used in the hold-up, but the results were inconclusive.

Lawyers Chris Cardona and Mark Vassallo appeared for Mr Frendo while lawyer Malcolm Mifsud appeared for Mr Cassar.

The case continues.