A police inspector yesterday accused the family members of two men charged with a bank messenger’s murder of using “subtle intimidation” during proceedings by passing comments as witnesses testified.

The family members of James Vella, known as Il-Frejżer, and Chris Scerri, also known as Buttuni or Gazzetti, were warned twice yesterday as well as in previous sittings of passing comments.

During yesterday’s sitting, Magistrate Josette Demicoli told them that they risked being thrown out of proceedings for good if they persisted in their behaviour. Even their own lawyer, Franco Debono, was seen gesturing at them to keep quiet.

The warning came as police inspector Keith Arnaud lamented that the comments were a form of subtle intimidation directed at witnesses while they testified.

Mr Vella and Mr Scerri are pleading not guilty to the murder of Alphonse Ferriggi, a bank messenger. Mr Ferriggi was killed with a single shot to the head outside a Bank of Valletta branch in San Ġwann in 2000. His attackers thought he was carrying money but he was about to deposit worthless letters and mail seconds before he was killed.

Mr Scerri and Mr Vella were charged last week after the police carried out a comprehensive review of the case and found corroborating evidence to the testimony of Joseph Zammit who placed the men at the murder scene.

So far two men, Joseph Zammit 55, also known as Żeppi Redgħu, and Richard Grech, 44, of Qormi, known as Iż-Żinanna, have been jailed over their involvement. Mr Zammit received 30 years while Mr Grech was jailed for life.

Testifying yesterday, Justin Fenech, who released a police statement in 2002, said he could not remember anything about what he had said.

Magistrate Demicoli warned Mr Fenech of the consequences of committing perjury and his statement was read out and he confirmed it on oath. He had told police that Mr Grech was a friend who had boasted about being one of four people who took part in the botched robbery.

Mr Grech admitted with Mr Fenech that he had been the person who pulled the trigger after he became worried. Mr Fenech also said that Mr Vella and Mr Scerri were involved. In cross examination, Dr Debono asked Mr Fenech if the names of the accused were suggested to him by the police who had questioned him. Mr Fenech said that in 2002, while being questioned, he had been surrounded by some 10 police officers from the Criminal Investigations Department who suggested the names to him. He said that he did not recognise anyone in court.

In pleas on bail, Inspector Arnaud said the case was very serious and witnesses still had to be heard. He said family members of the accused were passing comments in court, which was a form of subtle intimidation. He asked the court to deny bail keeping in mind the possible repercussions of letting them go.

In response, Dr Debono said that the two main witnesses were behind bars yet his clients have been under arrest for two weeks.

Bail was denied.