A man facing a raft of charges for allegedly firing shots at the front door of an elderly Paola resident five years ago was acquitted for lack of evidence linking him to the crime scene.
Melvin Debono, now 31, was accused of firing the shots at the victim’s residence on Luqa Street on November 19, 2017 at 4.50pm.
A “loud noise” had prompted the elderly lady to look outside but, initially, she did not see anything.
It was only later when she headed downstairs that she spotted the hole in her front door.
She first reckoned that the damage might have been caused by some hard object projected onto her door by passing traffic.
But when it was seen by third parties who visited the woman the following day, a report was filed to police, triggering investigations which led to the discovery of a firearm cartridge nearby.
CCTV footage from the site subsequently confirmed that a shooting incident had taken place.
That footage captured a Mercedes Benz, its number plate clearly visible, which came to a halt some way ahead and a hand emerged from the driver’s side, pulling a trigger.
That vehicle was traced to the accused’s father who, however, told the police that although he was the registered owner, the car actually belonged to his son.
Debono was subsequently charged with firing the weapon in such manner as to place other people’s lives in danger or to damage third party property, various offences under the Arms Act, willful damage to the victim’s door as well as careless and dangerous driving.
Several police officers and civilians, including the victim herself, testified but none said that the accused had fired the weapon or been inside the Mercedes allegedly involved in the incident.
The only piece of evidence leading to the accused was that footage and the vehicle registered in his father’s name.
During interrogation, the accused opted not to answer any questions.
The whole case was built upon clues stemming from a car number plate which led to the arrest of father and son, said the court, observing that the prosecution was bound to put forward the best evidence to prove its case beyond reasonable doubt.
As a matter of fact, the Mercedes could have been involved in the shooting but, on the strength of the evidence put forward, the court was not convinced that that evidence confirmed the accused’s guilt.
When the accused and his father were arrested weeks after the incident, they were not tested for gunshot residue.
Nor was the accused’s phone data analysed so as to prove his location at the time of the shooting.
No weapon was found and neither did the accused have any firearm registered in his name.
The footage gathered from the crime scene also made it difficult to identify the driver of the vehicle, triggering further doubts as to Debono’s involvement.
Failing clear proof that the accused was inside that vehicle, whether as driver or passenger, the rest of the charges also failed, concluded the court, presided over by magistrate Caroline Farrugia Frendo, who pronounced an acquittal.
Lawyers Franco Debono and Marion Camilleri were defence counsel.