The defence lawyer of a man charged with involvement in two major attempted hold-ups yesterday argued there was not one shred of evidence to link his client, Fabio Psaila, to the crimes.
Lawyer Emmanuel Mallia made lengthy submissions before a court today decides whether there is enough evidence for Mr Psaila to be indicted for playing a part in the bid to rob HSBC headquarters last July and in a hold-up on a jeweller in Attard last December, both of which failed.
Dr Mallia punched holes in the case mounted by the police, highlighting what he said were a number of flaws in the evidence. By and large, he said, it was hearsay and not admissible as evidence.
Mr Psaila is serving a six-month jail term for breaching bail conditions when he evaded the police for almost a month following the Attard hold-up. He eventually turned himself in with 55 pellets lodged in his side, which the police believe he sustained when he was shot during that botched hold up. Another man, Darren Debono, was also seriously injured in the hold-up and was arrested at the scene. He has admitted his involvement in court.
Mr Psaila is also alleged to have formed part of a criminal gang led by a former police inspector, David Gatt, now a lawyer.
Dr Mallia said he was not disputing the fact the crimes with which Mr Psaila was charged actually took place but his client had nothing to do with them.
He referred to testimony that a van had been found burnt out shortly after the Attard hold-up and said it had no relevance to the case.
The police, he said, had also trumpeted the fact his client had hired a Kia Avella but the officers who were first on the scene of the botched HSBC headquarters heist said they saw a Peugeot, not a Kia.
In rebuttal, Police Inspector Joseph Mercieca said that inside the car rented by Mr Psaila were blood spots belonging to Mr Debono. But Dr Mallia was quick to point out the DNA samples were inconclusive. Also, again dismissing a link to the crime, he said the blood was not found after the hold-up but later, only after his client had helped Mr Debono to a clinic to receive treatment for injuries he allegedly sustained during the HSBC hold-up.
Mr Mercieca said the accused had been on the run for three weeks, with 55 pellets inside him. This was surely evidence enough for him to be indicted.
The lawyer then moved on to the evidence given by PC 99 Mario Portelli, the star witness in other cases against Dr Gatt and Mr Debono, and described it as largely hearsay.
Although the officer met his client in a restaurant, this did not prove anything and, besides, any information PC Portelli had about Mr Psaila had been given to him by Dr Gatt, the lawyer argued.
While it was true this case had been given a lot of publicity, Dr Mallia said Magistrate Audrey Demicoli could not base her decision on what was happening outside the court room and ignore legal principles. He was, therefore, calling on the court to discharge his client.