The ex-driver of former home affairs minister Manuel Mallia, police officer Paul Sheehan, yesterday asked not to testify in a court case against the man he allegedly shot at because his case is still pending.
He was summoned to testify in the compilation of evidence against Stephen Morrison Smith who stands charged with driving under the influence of alcohol, damaging the minister’s car on November 19 and breaching traffic regulations.
When Mr Sheehan was called to the witness stand and told by presiding magistrate Josette Demicoli that he could refrain from testifying since he still had pending criminal proceedings against him, Mr Sheehan took that option.
Mr Sheehan is facing separate criminal proceedings where he stands charged with Mr Smith’s attempted murder.
It emerged in court yesterday that Mr Smith ironically asked to consult Dr Mallia when given the right to consult a lawyer of his choice prior to questioning following the incident, but he was told it was not possible.
Mr Smith was indeed surprised that the police attention was on him rather than on the person who had fired shots at him
Police Inspector Jesmond Micallef testified that Mr Smith told the police during interrogation that evening he had been at the Black Gold bar in Sliema that evening, leaving at about 8.30pm. Before heading home he decided to stop at a confectioner’s, located in Nazju Ellul Street, to buy a pack of water.
As he was driving he hit the mirror and side of a parked Mercedes and stopped “to exchange details”.
That was when he saw Mr Sheehan holding the gun.
He drove off in fear and heard two shots. He carried on driving towards Regional Road and realised he was being followed by the Mercedes he had hit.
When he arrived at the Santa Venera tunnels, he saw police cars and “felt relieved” that the police had come to his rescue, the inspector said. But, to his surprise, the police asked him to lie face down on the ground and handcuffed him, he told the police.
Under cross-examination, the inspector said Mr Smith was indeed surprised that the police attention was on him rather than on the person who had fired shots at him.
The inspector said a breathalyser test performed on Mr Smith recorded 109mg.
Mr Smith said he did not know Mr Sheehan, who was in plain clothes, and denied assaulting him with a beer bottle, although, the inspector added, a Heineken bottle was found in his car.
The case continues.
Lawyers Joseph Giglio and James D’Agostino are appearing for Mr Smith. Inspector Jonathan Ransley and Superintendent Alexandra Mamo are prosecuting. Lawyers Edward Gatt, Michael and Lucio Sciriha appeared for Mr Sheehan.