The trial of a man accused of the murder of a Filipino sailor in Birzebbuga nine years ago approached its conclusion today, with the defence and the prosecution making their final arguments.

Charles Demicoli, 34, is pleading not guilty to murdering 44-year-old Perfecto Montalban on Christmas Day in Cherries Bar nine years ago.

Lawyer Emmanuel Mallia told jurors that the victim had been hit twice and not once as claimed prosecution. He added that the blow dealt to the victim by his client was not the fatal one.

In a police statement, Mr Demicoli had admitted to throwing a bar stool at the victim during a brawl at the bar, but he insisted that he never wanted to hurt him but only scare him away, as he was about to attack a friend of his.

Four pathologists who carried out the autopsy had testified last week that the victim died after receiving one ‘massive blow’ to the back of the head which caused radiating fractures across his skull.

Dr Mallia said that this jarred with what two witnesses had said as they had recalled seeing Mr Demicoli hit Mr Montalban on the front of his head and not at the back where the fatal blow was given.

In fact the victim had also suffered a blow to the front of his head.

Dr Mallia also argued that there were many witnesses who remembered the massive fight and different people beating up the victim on the pavement outside the bar.

In reply to these arguments, the head of the Prosecution Unit at the Attorney General’s Office, Anthony Barbara, said that it was very clear that the there was only one blow which killed Mr Montalban and that was administered by the accused.

He said that the pathologists had ruled out that Mr Montalban’s injuries had come from him falling on the pavement outside the bar.

He added that although the accused might not have wanted to kill the sailor, everyone knew the dangers of hitting someone on the head.

Mr Justice Geoffrey Valenzia is expected to start his address to the jurors tomorrow after which they will retire to deliberate.

Lawyer Gianella Caruana Curran also appeared for the accused.