Magistrate rules for indictment

A magistrate yesterday ruled there were enough reasons for the indictment of two men charged with the murder of a bank messenger and ordered that a "hostile" witness be again detained in the meantime.

Magistrate Jacqueline Padovani-Grima ruled for indictment after hearing the witness declare, for the fifth time, that he did not remember what he said to police when he was questioned about the case.

The witness, a man whose name cannot be published by court order, has been held under arrest ever since he was first called to testify in the compilation of evidence against Richard Grech and Joseph Zammit on February 4.

Grech, 35, of San Gwann, and Zammit, 44, of Floriana are pleading not guilty to the murder of bank messenger Alphonse Ferriggi outside the San Gwann BOV branch on September 18, 2000, at about 5.30 a.m.

They are also charged with holding Ferriggi against his will, stealing bank documents, carrying a shotgun without a licence and at the time of the commission of a crime, firing a gun within 200 metres of a residential area, causing damage to a Bank of Valletta van, stealing a VW Golf from Sliema a day earlier and relapsing.

Despite being summoned to give evidence five times and being kept under arrest in the interim, the man insisted that he did not remember what he told police when they questioned him about the case because he was not in a fit state at the time.

Dr John Attard Montalto for the man yesterday requested that his client be released and said that if he was not he would claim illegal arrest.

He said that although the magistrate had the right to order the arrest of a hostile witness when it was in the interest of justice, now that she was sending the file to the Attorney General she had no jurisdiction over the witness and this made his arrest illegal.

He said that the law stated that at this stage the magistrate could either order that legal action be taken against the man or order his release.

But the magistrate denied the request and said that she would ask the Attorney General to speed up the case, as she had done in other similar cases.

The magistrate also turned down the defendants' request for bail due to the fear that they could tamper with evidence.

The case continues.

Police Inspectors Carmel Bartolo and Christopher Pullicino are prosecuting.

Dr Anglu Farrugia and Dr Edward Gatt are appearing for Grech while Dr David Farrugia Sacco is counsel to Zammit.

Dr Jason Azzopardi and Dr Kris Busietta are representing Ferriggi's wife and Dr Attard Montalto is representing the witness.