Dark spots mark Mark Farrugia’s skin – fragments of pellets still embedded in his body nearly seven years after he was shot in the face and chest.

The man who pulled the trigger, Joseph Scicluna, was acquitted of attempted murder in a trial last year. Instead, a jury found him guilty of exceeding self-defence out of fear or fright – a verdict that carried no punishment under the law.

The decision meant jurors either believed Scicluna’s version of events over Farrugia’s or had lingering doubts, which, by law, had to be applied in the accused’s favour.

Farrugia says he is deeply disappointed but understands that the judge had no choice but to respect the jury’s verdict.

But months after the verdict, Farrugia still feels that justice was not served. The act that left him with a 12 per cent disability went unpunished. Seven years on, he has little strength in his left arm and hand, struggles to move parts of his face, and has lead pellets embedded in his body and face.

Mark Farrugia said he had an estimated 200 pellets in his body after the shooting. Photo: Jonathan Borg

Mark Farrugia shows some of the marks he still bears from the 2018 shooting. Photo: Jonathan Borg

“In hospital they estimated about 200 pellets in my body. About 17 are in my face,” he says, rubbing his fingers over one of the visible ones on his arm.

Farrugia cannot understand how the civil court was “morally convinced” that Scicluna was responsible for his injuries and awarded the victim €17,255 damages – and the jurors let him go.

Legally speaking, this boils down to the standard of proof: proof on balance of probabilities in civil proceedings and proof beyond reasonable doubt in criminal proceedings.

Current criminal law needs to be updated- Mark Farrugia

Farrugia also believes that victims should have more rights during trials. Although he was represented by lawyers Edward Gatt and Shaun Zammit, by law they could not address the jurors directly and had to go through the prosecuting attorney general. As the victim, he also cannot appeal the jury’s verdict either.

Farrugia explains that, apart from suffering from various disabilities, he can no longer continue his previous work – this impacted the amount of damages he was awarded.

He explained that he owns fields near Scicluna’s field in Dingli. Sometime before the shooting, he says, he was summoned as a witness in a case initiated by another farmer against Scicluna, which involved the illegal extraction of water from a reservoir. Farrugia testified against Scicluna.

The area in Dingli where the shooting took place in 2018. Photo: Chris Sant Fournier

Both the civil and criminal cases centred around what happened in those fields – in the area of Ta’ Dnat at San Ġakbu, Dingli, shortly after 5.30pm on October 31, 2018. 

The incident ended with Farrugia being shot with his own shotgun and Scicluna was eventually charged with attempted murder. Farrugia also sued Scicluna for damages.

In 2023, the First Hall of the Civil Court, presided by Judge Toni Abela, ordered Scicluna to pay €17,255 in compensation. The judge ruled that Farrugia’s testimony was not corroborated with other witnesses who might have been on site. However, his injuries were compatible with the version he gave to the police. Scicluna did not deny this and chose not to testify.

Judge Abela said he was “morally certain” that Farrugia suffered injuries caused by Scicluna.

While considering that Farrugia suffered a 12 per cent disability, the court noted that he did not present a financial account of the income he had before he was injured, and the only proof was a document on his income during 2018. Farrugia said he had just recovered from a long-term injury and had been working for only one week before the attempted murder.

Joseph Scicluna was cleared of attempted murder but found guilty of acting in excess of self-defence. Photo: Chris Sant Fournier

The criminal case – not guilty

During the trial, in July 2024, jurors heard two conflicting accounts.

Farrugia insisted he was hunting when he was shot with his own gun and subsequently admitted to Mater Dei Hospital in critical condition. 

Scicluna initially told police he was not on site. However, when testifying at the trial, he said he was scared and was ready to tell the truth.

He said Farrugia burst into a verbal attack, swearing and insulting him when he calmly told him not to shoot low when hunting to avoid damaging Scicluna’s drip irrigation pipes.

A physical clash followed, and he hit Farrugia with the rod because he grabbed him first. He grabbed Farrugia’s shotgun and fired it before Farrugia shot him, Scicluna said.

Farrugia, however, stuck with his version and said Scicluna pointed out there was something in a bush. Farrugia looked and when he turned back Scicluna hit him with a rod for no reason and eventually shot him.

Jurors returned a not guilty verdict of eight votes against one on the ground of attempted murder. Scicluna was found guilty of having acted in excess of legitimate self-defence through fear or fright.

Since it was excusable it was not punishable. Scicluna was bound not to approach Farrugia for a year and also to pay expenses to the court amounting to €15,309.

But irrespective of what emerged in court, Farrugia is insisting justice was not served and feels unsafe.

“Before, I used to spend my free time in the field. But now I’m scared. Nothing is stopping him from carrying his shotgun in his field and close to me. I am scared… the current criminal law needs to be updated.”