Deniro Magri, the man accused of killing a man in Marsa last month did not shoot to kill but was trying to scare off two men who were about to set fire to his house, his legal counsel insisted today.

Sylvester Farrugia was found dead outside a car a short distance from Mr Magri's house on February 12.  

The comments were made at the end of the compilation of evidence against Mr Magri, who in statements to the police admitted to opening fire at two men he had seen outside his house door. He subsequently threw away his gun, which has not been found. 

Defence counsels Giannella de Marco and Franco Debono said that Mr Magri had received several threats and he panicked when, through CCTV, he saw the men outside the front door, fearing they were about to plant a bomb.

Sylvester Farrugia.

She argued that, although Mr Magri had opened fire, there was no evidence that Mr Farrugia was actually killed by his bullets. No traces of blood had been found outside Mr Magri's house. 

Police inspector Keith Arnaud, prosecuting, said Mr Magri never told the police of any threats and had not even informed the police about the incident involving the shooting. Instead of seeking police protection, he had sent his partner and son away from the house and threw away his gun.

He noted that a neighbour had described to the police how he had heard two loud bangs which sounded like gunshots.

During today's sitting, Magistrate Aaron Bugeja put off a decision on whether to grant bail, pending a decision on whether Mr Magri will be put under a bill of indictment.