Updated - The brothers of a man who stands accused of murdering a Gozitan lawyer have been called back to the witness stand after the prosecution observed discrepancies between their police statement and evidence given earlier to court.

The accused David ZerafaThe accused David Zerafa

The Attorney General's Office yesterday filed an application asking for the brothers of the accused Jeffrey and Emanuel Zerafa, to re-testify.

David Zerafa, 39, is accused of the murder of Michael Grech, 46, outside his garage in Marsalforn on May 24, 2004.

Jeffrey Zerafa in his original statement had said that he could not remember if his brother, the accused David, was at home on the night that Dr Grech was murdered of whether he was in Malta, but he was certain that his parents and other brother Emanuel was there. In court last week he had said his brother was at home.

His court testimony was read out this morning and he was questioned by the judge as to why he had changed his version.

In response he said that when the police went to the house his brother Emanuel was in the garage and his mother fell ill when the police turned up. He went to get a cloth to wet her face. Emanuel opened the door. He said that David was definitely at home till the morning.

All the family were shocked when the police turned up. David loved to fish and would spend a week at a time in Marsaxlokk, but he could swear he was home on that night.

His brother Emanuel also gave a similar version.

Defence Lawyer Malcolm Mifsud, said the brothers were certain they saw the accused go up to his room at home on the night in question. The brothers' testimony contradicted everything the prosecution had presented. The experts’ testimony meant nothing in view of the brothers testimony.

Referring to the victim’s wife, he asked how one could identify a person from the eyes only when she was in shock and she saw them for a second.

The trial then entered its final stage with the address by Mr Justice Lawrence Quintano. The jurors will start their deliberations tomorrow.

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