Gozitan pensioner Gerald Galea, 67 went on trial today, accused of the murder of 45-year old John Spiteri and the attempted murder of his son Matthew, 24, in an incident which was sparked off by a tree pruning for a kiosk in June 2013.
The accused is also being charged with having caused some €2,660 worth of damages to a Daihatsu Terios car belonging to Joseph Hili, which Mr Galea had allegedly driven at excessive speed when he ran over and killed John Spiteri.
The prosecution explained how the fatal incident had unfolded four years ago along the Qbajjar promenade in Marsalforn.
John Spiteri and his son were cutting the foliage of an overgrown tamarisk tree to clear a site where they intended to set up a kiosk.
Mr Galea had allegedly approached the pair, asking them to stop. A heated argument broke out.
The accused, who lived close by to the promenade, had allegedly objected to the setting up of the kiosk, even though its owners had all necessary permits in hand.
As Matthew Spiteri walked to his car to fetch his mobile phone to call the police, he glanced around and saw his father with blood streaming from a broken lip. He then saw his father swing a punch at the accused Gerald Galea.
Mr Galea got behind the wheel of the Daihatsu Terios, circled several times around the parking area and reverse reversed onto John Spiteri, who was run over and dragged over a distance of some several metres.
Matthew Spiteri himself avoided being run over by clinging to the door frame of the vehicle while raining punches onto Mr Galea.
Mr Galea then sped off but crashed into a low-lying wall and a tree which was uprooted upon impact.
He then got out of the vehicle and was punched in the face by Matthew Spiteri.
John Spiteri was rushed to Gozo General Hospital where he later succumbed to his injuries.
Prosecuting lawyer Giannella Busuttil stressed that the accused’s intention had clearly been that of killing both father and son. Although he had succeeded in respect of the former, his attempt had been thwarted in respect of the younger victim who was more agile and had thus managed to get away.
Lawyers Giannella Busuttil and Kevin Valletta from the AG’s office are prosecuting. Lawyers Jason Azzopardi and Arthur Azzopardi are defence counsel. Lawyer Joseph Giglio is appearing parte civile.