The inquiry listed the various circumstances that gave rise to the allegation that there was an attempted cover-up.
The board found that three of the matters raised did point towards a cover-up by people close to the Home Affairs Minister’s driver, Paul Sheehan.
The circumstances that pointed towards a cover-up:
• Stephen Smith’s car was moved from its position at the scene of the crime and driven on to the low-loader by Inspector Gabriel Micallef, who was not authorised to do so. This happened before the magisterial inquiry had even started. The car had bullet holes, which according to the board were a clear indication that the shots fired by Mr Sheehan were not at all warning shots.
• The bullet casings were not found. Although the inquiry did not delve into this matter, Times of Malta had reported the police were investigating a police officer over an attempt to tamper with evidence that included the picking up of bullet casings from the street where the shooting happened.
• An unauthorised person [not identified by the board] tried to collect footage of the shooting taken by two people. The inquiry said the two individuals had refused to hand over the footage.
Parts of the official report were allegedly deleted three days after the incident and an officer was charged on this
Other circumstances that gave rise to the cover-up speculation:
• The low-loader arrived on the scene of the crime rather quickly on instructions of the Acting Police Commissioner.
• The official statement released by the Home Affairs Ministry soon after the incident contained incorrect information. The statement said the driver fired warning shots in the air when there was no doubt that the man had fired at the car with Stephen Smith inside.
• Parts of the official report were allegedly deleted three days after the incident and a police officer was charged on this matter.
• Inspector Gabriel Micallef, who is on forced leave and investigated on suspicions that he tried to tamper with evidence, is the brother of Mr Sheehan’s girlfriend.