The prosecution's star witness in the case against David Gatt, who is accused of masterminding several high profile hold-ups, had professed himself to be psychologically "possessed' by Dr Gatt, defence lawyer Joe Giglio said in court today.

In his oral submissions, Dr Giglio - appearing for lawyer and former police inspector David Gatt - said that the testimony of Police Constable Mario Portelli (known by his police number PC99) read more "like something out of the Holy Scriptures". 

Dr Gatt stands accused of complicity in the attempted hold-up at the HSBC Malta headquarters in June 2010, the hold-up on a jeweller in Attard in December 2010, complicity in the attempted hold-up of a bank security van in Qormi in January 2011 and complicity in the successful hold-up at Balzan HSBC branch in November 2007, when some €1 million were stolen. 

He is also charged with complicity in holding people against their will and helping people wanted by the police including Fabio Psaila, Darren Debono and Vincent Muscat before they were arraigned over the attempted HSBC depot hold-up. 

Dr Giglio told Magistrate Antonio Micallef Trigona that he did not wish to waste the court's time on the matter of PC 99's credibility since he had been boarded out due to psychological issues.

PC 99 had testified that upon meeting Dr Gatt, he was struck with the superior way in which he spoke, which led him to conclude that Dr Gatt was above everyone else.

"Within me was a psychological curiosity," Dr Giglio quoted PC 99 as saying.

PC 99 had gone on to refer to an incident where, being somewhat drunk, he had witnessed Dr Gatt burn a holy picture to ashes before kissing him on his face. At that moment, PC 99 had testified, he felt himself become a superior being, like Dr Gatt. The accused, PC 99 had claimed, told him that it was a special date and that he was special for him.

PC 99 believed that a time would come when Dr Gatt would "move rocks".

PC Mario PortelliPC Mario Portelli

Referring to his testimony as "incredible and fantastical", Dr Giglio told the court that whilst he was preparing his submissions, he did did not know whether to laugh or cry. According to PC 99, the accused had been involved in two homicides, a string of hold-ups and had set fire to the car of Malta Today's managing editor Saviour Balzan.

"It seems that this person here before you was not just the capo dei capi but il dio degli dei", Dr Giglio said.

PC 99 had also testified that, on one occasion shortly before a hold-up, Dr Gatt had brandished a weapon, put it to his head and told him he would soon be hearing "Enter the Dragon". However, Dr Giglio continued, it had been proven that the weapon had come into his client's possession after the hold-up had taken place.

The Attorney General and the prosecution did not even believe their witness, Dr Giglio said, arguing that despite PC 99 alleging that Dr Gatt had set fire to Mr Balzan's car and that he had confessed to two homicides, Dr Gatt had not been accused of any of these crimes.

"So we either believe everything PC 99 says or nothing at all."  

Dr Gatt also stands accused of helping Darren Debono (it-Topo) seek medical attention after he was shot by the police in the HSBC operations centre shootout and of trying to prevent Dr Zammit Montebello from alerting police after he had examined the injured Mr Debono.

The medical doctor, John Zammit Montebello, had testified that Dr Gatt had asked him not to mention his name in court.

This act was shorn of any physical or moral coercion to stop the witness from giving the necessary information, as specified in law. The accused had neither threatened Dr Zammit Montebello nor bribed him.

"I am not not in a position today to state what led to proceedings against David Gatt to be instituted or to give PC 99 the glory before deciding he's not fit for purpose. Because of a person not fit for purpose, this man is facing these charges."

In his brief submissions, prosecuting officer Joseph Mercieca said that the entire case was based on the testimony of PC 99, and that it all revolved on the issue of credibility.

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