The man whose car was on the receiving end of two shots fired by the driver of former minister Manuel Mallia had an alcohol level that was three times the legal limit, even though the test was taken more than five hours after the incident, a court heard this afternoon.

Police Sergeant David Sant told Magistrate Aaron Bugeja that Stephen Smith at first refused to take a breathalyser test when he was taken to the St Julian's police station. He later accepted to take the test at 1.59am, more than five hours after the shooting incident involving Police Constable Paul Sheehan.

The test, taken at the Msida police station by a court expert upon orders of the inquiring magistrate, marked 109-100mg. The legal limit is 36-100mg.

Sergeant Sant was testifying in the compilation of evidence against Mr Sheehan, 40, who is pleading not guilty to Mr Smith’s attempted murder after he hit the minister’s car in Edgar Bernard Street in Gzira on November 19 last year.

"I was on night watch that evening and was informed by the control room about the incident under the tunnels. When I arrived there, I immediately noticed that Mr Smith was under the influence of alcohol. He was red in the face, had bloodshot eyes and he was stammering," Mr Sant said.

Mr Sant, who has been a policeman for 27 years, said it was "evident" that Mr Smith was drunk, adding that he refused to take the breathalyser test at 9.44pm (an hour after the incident) despite being earned at least five times that refusal to take the test was an automatic admission of guilt.

Replying to questions by lawyer James D'Agostino, appearing parte civile for Mr Smith, Mr Sant said the information he received from the police control room at no time mentioned warning shots but said that there had been a shooting after a hit and run involving a ministerial car.

Another police sergeant, Sandro Mangion, said he had first been ordered to go near the national pool but when he got there, he found nothing. After calling his superiors, Superintendent Alexandra Mamo ordered him to go to the tunnels and ensure that the crime scene was preserved.

However, when he got there, Mr Smith's Vauxhall Insignia had already been loaded onto a police low-loader. He said he spoke to the policeman who was with the low-loader who told him he had received instructions from former acting police commissioner Ray Zammit to load the car and take it to the police depot.

Mr Mangion told the policeman that Superintendent Mamo had ordered that nothing be touched so he instructed him to leave the car there.

When asked, he said he saw two holes on the Insignia that looked like bullet holes.

Mr Mangion said Mr Sheehan told him he was having supper at his mother when he heard a loud noise and neighbours told him a car had hit the ministerial car and driven off so he chased him. He also told him that during the chase, Mr Smith emerged from his car with a green Heineken bottle in his hand and while he was on the phone with the control room requesting assistance, Mr Smith got into his car and drove off so he fired two shots at the car.

Under cross examination, Mr Mangion said he first saw Mr Smith at the Msida police station at around 3am. He also said he was unaware that the car being used by former minister Manuel Mallia sustained almost €3,000 in damage, with damage to almost the entire driver's side, including the side mirror.

Sergeant Kevin Camilleri, a Rapid Intervention Unit officer, said that when he arrived under the tunnels, he found Mr Smith in handcuffs.

The case continues.

Superintendent Alexandra Mamo and Police Inspector Saviour Baldacchino prosecuted while lawyer Edward Gatt is appearing for Mr Sheehan.