Lawyers crossed swords in court over whether a jury should be informed of the guilty plea from a man whose friend stands charged with being an accomplice in a violent hold-up six years ago.
The debate took place at the start of the trial by jury of Matthew Mizzi, 29, of Cospicua, who stands ac-cused of being an accomplice in an armed robbery, possession of a firearm, driving the car used for the robbery without a licence and filing a false police report.
The hold-up took place on April 13, 2009, at Seven Mobiles in Psaila Street, Birkirkara. Jonathan Coleiro, who had covered his face, held shop owner Charles Zammit at gunpoint, firing a shot to intimidate him. He held Mr Zammit in a room at the back of the shop as he robbed it. He made off with three mobile phones and a laptop, valued at €2,329.
Mr Zammit then gave chase and was shot at numerous times, being hit once in his left arm. Mr Coleiro got in the getaway car and Mr Mizzi allegedly drove away.
The prosecution alleges that, following the hold-up, Mr Mizzi went to the Msida police station saying while he was in Birkirkara waiting for his girlfriend, he spotted a masked person firing a gun.
This man then forced his way into his car, held him at gunpoint and ordered him to drive off. The police eventually traced the getaway car, which belonged to Mr Mizzi’s brother, Konrad.
Mr Justice Antonio Mizzi heard lawyer Elaine Mercieca, of the Attorney General’s Office, tell the jury the bullet that had hit the victim was still in his body because it was risky to remove it.
Later, in the jury’s absence, Dr Mercieca and defence lawyer Michael Sciriha argued whether the jurors should be informed that Mr Coleiro had entered a guilty plea just as he was about to be tried in 2012. He was sentenced to 15 years in prison.
Dr Sciriha submitted that if reference were made to Mr Coleiro’s guilty plea, Mr Mizzi would suffer “irremediable” prejudice and a case of unfair trial or mistrial could ensue.
Dr Mercieca insisted that failing to mention Mr Co-leiro’s sentence meant omitting an important fact. The way the court had reached the conclusion to convict Mr Coleiro was crucial.
Mr Justice Mizzi told Dr Mercieca the details were bound to emerge.
Referring to Dr Sciriha’s use of the word “mistrial”, the judge warned the lawyer that he was at “the end of his line” and that the members of the jury were not “gullible”.
The case continues.