Jurors this evening started to hear closing arguments in the trial by jury of Allan Galea, who stands accused of the murder of Anthony Borg (Il-Bona) in Marsaxlokk in 2010.
Defence counsel Joe Giglio said that Il-Bona deserved to live like every other citizen. But as much as he had the right to live, he had no right to endanger another person’s life. And if a person was faced with danger, the laws give the right to react.
The jurors, he said, should to put themselves into the accused’s shoes.
Referring to the prosecution’s argument that Il-Bona never touched the accused, Dr Giglio said that the jurors must be convinced of this beyond all reasonable doubt in order to accept the prosecution’s argument.
“Look at the gunshot residue, look at the injuries," he said.
How can you try to fire a warning shot when you’re a metre away? “The gun was not only in il-Bona’s hand but he was trying to shoot. He pulled the trigger.- Defence counsel
He referred to forensic expert Mario Scerri’s testimony, in which he had indicated a head-butt on the accused which matched the deceased’s bump on the forehead.
He also referred to DNA expert Marisa Cassar’s evidence that Mr Galea’s nails were found on the victim’s left hand and that nail scrapings from the victim were also found on the accused, meaning that the deceased must have grabbed at the accused.
He referred to the live, unspent bullet which the police had found precisely beside the deceased’s body.
“The reality was that il-Bona’s weapon jammed. They were grappling, they went over the kerb. How can you try to fire a warning shot when you’re a metre away?
“The gun was not only in il-Bona’s hand but he was trying to shoot. He pulled the trigger.”
Lara Lanfranco and Kristina Debattista from the Attorney General's Office are leading the prosecution. Giannella de Marco, Joe Giglio and Steve Tonna Lowell are appearing for the accused while Matthew Brincat and Franco Debono are appearing parte civile for the victim's family.
Mr Justice Antonio Mizzi is presiding over the case.