Lawyers for a Qawra bar owner accused of wilful homicide after kicking a customer who had nagged him and coughed in his drink, are seeking to retrieve possession of the shop which is the accused’s “sole source of income.”
Munchies Pub at Triq it-Turisti has been closed since that fateful morning of June 17 when David Busuttil, the 59-year old owner, landed under arrest after clashing with Roger Dudley-Ward, 60, who had been drinking at the bar when a heated argument broke out between the two.
A call reached the Qawra police station at around 1.30am on that Friday morning, informing that an ambulance had just called for a person who appeared to be grievously injured and unconscious on the pavement at Triq it-Turisti, said Inspector Ryan Vella when testifying on Monday in the ongoing murder compilation.
A friend of the injured man had approached paramedics saying that someone had kicked the victim in the face as he bent down to pick up something, causing him to fall over backwards down the steps outside the pub.
A police officer instructed to check out the accident spot, confirmed that there was a “reddish liquid” splattered over the pavement as well as blood-soaked tissues.
Whilst trying to track down the victim’s friend, who appeared to have changed address, police summoned the pub owner to the Qawra police station.
Busuttil turned up at around 5.15am and after consulting a legal aid lawyer, told police about how Dudley-Ward had first nagged him over his ex-partner and then coughed in his drink.
That was when he flung his drink at the alleged victim who reacted by aiming his beer can at him, Busuttil explained.
Busuttil then told police that he had pushed the other man who fell down the steps.
As Busuttil recounted his version, a call came through from Mater Dei Hospital informing the police that the victim had died.
Subsequently, the suspect accompanied police to his bar, taking them through the sequence of events that played out merely hours before.
He was then escorted to police headquarters as investigations continued.
That evening Dudley-Ward had been wearing a yellow and grey Rolex watch and a yellow and black bracelet.
Those, together with three keys, his wallet and cash, bank cards and three other membership cards, were handed over to the officer.
Inspector Vella also exhibited three medical certificates issued that night by the same doctor who treated the victim in hospital.
The first certified that he was suffering grievous injuries, the second stated that he was in danger of loss of life and the third certified that Dudley-Ward had died at 5.20am.
The bar owner was subsequently arraigned, pleading not guilty to the murder. He was granted bail at the first sitting following his arraignment.
Busuttil consulted his personal lawyers before releasing his audio-visual statement.
Meanwhile, police got hold of new evidence shedding light on the incident at Munchies. Footage showed the bar owner pushing the alleged victim right in front of some steps leading down to the street.
Another man stepped in and grabbed Dudley-Ward to stop him from falling, while telling Busuttil to stop. But Busuttil punched and kicked the alleged victim.
As Dudley-Ward bent down to pick up his phone, the bar owner kicked him again. The alleged victim ended up on the pavement below.
Defence lawyer Marion Camilleri asked whether police were insisting that the pub was still to remain closed, arguing that the pub was the accused’s sole source of income.
The witness explained that he had filed a written reply in that regard and confirmed that there was no objection to the premises being released in favour of the accused.
“It’s rather urgent,” the lawyer explained to magistrate Doreen Clarke, who observed that the court could only decree upon such a request once in possession of the proces verbal which was currently before the inquiring magistrate.
The case continues.
Inspectors Shawn Pawney and Ryan Vella are prosecuting, assisted by AG lawyer Nathaniel Falzon. Lawyers Franco Debono and Marion Camilleri are defence counsels.