A man who stands accused of having wilfully run over and killed another man was today described as 'timid' by his brother in court. 

Gerald Galea, a 67-year-old Gozitan, stands accused of the murder of 54-year-old John Spiteri and the attempted murder of his son Matthew. He allegedly drove at the two, hitting the former, after a heated argument over the pruning of trees for the placing of a kiosk at Qbajjar promenade in June, four years ago. 

The jury over the past two days heard how Mr Galea allegedly hit Mr Spiteri with his vehicle, then crashed into a wall. The victim's son, Matthew, avoided being hit by the vehicle and then assaulted Mr Galea when he got out of the car.

READ: Pensioner killed a man for pruning a tree, jury told

Jude Thaddeus Galea, one of Gerald Galea's brothers, recalled that on the day of the incident he was at his brother's apartment overlooking the promenade. After hearing a commotion, he walked out and noticed a man (the victim) lying on the ground in a foetal position, moaning in pain.  

He saw the victim's son, Matthew Spiteri, acting  “like a crazy person, pacing the parking lot while his father was being tended to,” Mr Galea told the court.

He then walked out of the parking area, and saw another of his brothers, Joe,
standing beside another man crouched down on the pavement, leaning against a bin.

The man's face was severely injured from a beating and he did not immediately recognise him as his own brother, Gerald. 

His face was all swollen, black and blue and there were marks around his neck as though someone had tried to strangle him, he said. “His face was so bad that it looked like something out of a horror movie."

His face was so bad that it looked like something out of a horror movie

Gerald, he said, appeared to be calling for a lawyer. 

Asked about his brother's nature, the witness stressed that Gerald was a very timid person. “If he were to see an ant crossing the road, he would walk around it so as not to step over it.”  

Questioned about his relationship with the Spiteris, the witness said that although he
occasionally bought food from the kiosk, he had never spoken directly to John Spiteri.

Before the accident, there had never been any talk of some issue concerning the car park where the kiosk was set up, he said. 

During today's sitting, the prosecution also read out the sworn transcribed testimony of a neighbour who had witnessed the unfolding of events on that fateful day.

John Mary Grech said he saw a dark vehicle crashing into a wall and bouncing back, while further away he glimpsed a man lying on the ground.

As a trained medical technician, he went outside and heard someone say “He killed him.”  

Sensing that something strange was going on, he turned left towards the spot where Gerald Galea, whom he recognized as an old acquaintance, was lying on the ground.

“I could barely recognize him. Half his face was misshapen as if a professional boxer had punched him,” Mr Grech had testified 

Mr Grech said he then helped the other injured victim, who was still conscious at the time, until an ambulance arrived.  

While tending to the victim, Mr Grech said he heard some commotion in the background. He saw a  young man wearing orange, who was waving his arms in a very agitated manner.

“His right hook struck Gerald in the upper head a few times” the witness said, adding that the accused face had already been disfigured at the time.

The jurors today also heard the account of a Gozitan on vacation in Marsalforn at the time of the incident, and who has since returned to Australia.

Joseph Asciak had testified before the duty magistrate that he had been watching a movie on his tablet when he heard the revving of a car engine.

Looking out of his apartment overlooking the Qbajjar promenade he saw a man running, falling down and being run over by a car.

Calling out to his daughter who was a qualified nurse, the two rushed out to help the victim who was found lying on the ground in the parking area being tended by his son.

Mr Asciak’s daughter turned the injured man on his side to avoid suffocation and called an ambulance which arrived shortly after. The police were also alerted to the scene. 

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.