Another witness says Joseph Fenech stabbed victim

A witness was twice warned by the Chief Justice yesterday that steps could be taken against him if he deliberately continued to mix things up.

Chief Justice Vincent Degaetano warned Ian Farrugia as he was testifying in the trial by jury of Meinrad Calleja.

Calleja is pleading not guilty to complicity in the attempted murder of Richard Cachia Caruana on December 18, 1994.

Farrugia yesterday said it had been Joseph Fenech, known as Zeppi l-hafi, and not Carmel Attard who had stabbed the victim, as he had previously said.

On several occasions, the court asked Farrugia whether he and Attard, known as iz-zambi, had agreed to say what Farrugia was testifying.

Farrugia said Fenech had initially mentioned something that there was an Italian whom he wanted beaten up and later said he wanted him beaten to death.

On the day of the stabbing, Farrugia said he had gone to Mdina in Fenech's white Ford Fiesta and parked opposite the cathedral.

Attard had driven that night, even though he was drunk. Attard then slept on the wheel. Fenech arrived out of nowhere and started knocking on the window. He then went on the backseat and started shouting and swearing at them.

Some time later, Fenech told them that "the Italian had arrived" and instructed Farrugia to follow him. The witness said he followed Fenech but remained a few paces behind him. It was Fenech he had seen hitting the prime minister's personal assistant not Attard as he had previously said.

At one point, Fenech had offered him Lm5,000 to beat up the man but he had never asked Fenech why he wanted him beaten up or eliminated.

While the victim was being attacked, a man (Nicholas Jensen) started shouting and Fenech ran away and told Farrugia to follow him.

After the case, Attard had told him that if the police were to catch up with them he would be telling them that he had committed the stabbing.

Asked why he had denied being on the scene when he had left his palm print on the car, Farrugia said he had denied but when he had been confronted with Attard, who admitted it was him who had stabbed the victim, he too said it had been Attard.

The prosecution asked why it had taken Farrugia so long to tell the police it was Attard who had stabbed the victim once he had a pact with Attard to say so. He was also asked why he had told the police so but did not want to recount the same story before the inquiring magistrate.

Farrugia replied that at the time he had decided to tell the police the story that Attard had committed the stabbing but did not want to say it again under oath.

The prosecution remarked that in his first trial by jury he had said under oath it was Attard who stabbed the victim.

Farrugia replied he had said so because Attard had admitted and he was afraid he would have to shoulder the blame as well. He was afraid of saying it was Fenech who stabbed the prime minister's aide.

Farrugia said he feared Fenech at the time and was still afraid of him but had now accepted living in fear.

The witness said that in his second trial by jury he had already heard Jensen testify he had recognised Fenech and he said that once a person had had the guts to speak up he, who was there, should speak up too.

In the absence of the jurors, the Chief Justice declared he had received a newspaper cutting related to the case with words written on it. He said the document was anonymous and he was passing it on to the President according to law.

The case continues.