Vitale cleared of attempted murder, jailed two years for 'excess self-defence'

A man was acquitted of attempted murder on Thursday but was found guilty of grievously injuring his former flatmate seven years ago in excess of self-defence.

Daniele Vitale has been sentenced to two years effective imprisonment.

Of the nine jurors who presided over the trial, six said Vitale was not guilty of attempted murder but guilty of causing grievous bodily harm because he acted in excess of self-defence.

Vitale, from Palermo, Sicily, was accused of stabbing his former housemate, Mirko Basile, on September 29, 2018. He pleaded not guilty.

According to the prosecution, the motive for the alleged attack was Vitale’s frustration over Basile’s refusal to help him get back together with his girlfriend.

Throughout the trial, the jury heard a timeline of events.

On the day of the incident, Basile turned up at the St Julian's police station at about 5.45am asking for help.

Covered in blood, the victim told police officers that he had been stabbed at their St Julian’s apartment, before he was rushed to hospital.

At Mater Dei Hospital, Basile was certified to be in a critical condition.

At the flat-cum-crime scene, police saw bloodstains in the common area of the building as well as in the apartment.

They also noticed a TV set and PlayStation console on the floor, and an ironing board thrown in the middle of the corridor. The police also found two knives, one of which was stained with blood.

The police spoke to a female friend of the accused, who arrived outside the apartment block after Basile had been attacked. The woman told the police that she saw Basile emerging from the apartment block and he told her he had just been stabbed.

Some time later, Vitale came out and was seen going in the opposite direction, before he turned himself in at the Valletta police station.

The victim told the police he had just arrived in Malta on the night of the incident. Vitale allegedly entered Basile’s bedroom to speak with him, with the latter telling him to stop bothering him and let him sleep.

Basile reported that he heard the doorbell ring but chose to remain in bed. It was at this point that the accused, Vitale, allegedly entered Basile’s bedroom without permission and inflicted the first stab wound.

Basile got out of bed and tried to defend himself with an ironing board while Vitale continued to attack him with a knife. Basile managed to push Vitale to the floor and flee the scene.

Basile had to be operated on twice due to the injuries sustained in the incident.

The prosecution was requesting a maximum of 40 years’ imprisonment if Vitale was found guilty by the panel of jurors.

Madam Justice Consuelo Scerri Herrera addressed the jurors after the conclusion of the case for the prosecution and for the defence.

She explained the nature and the ingredients of the offence in the indictment, as well as different points of law, including the defence mounted by the lawyers and the evaluation of the evidence, among others.

On Thursday, the judge informed the parties that while scanning one of the juror's bags they found a mobile phone.

The phone was confiscated, and the juror was summoned to testify. He said that he was not aware of the mobile phone. A court expert determined that the phone connected to the WiFi on April 23, when the trial began, and on Thursday morning to the court's WiFi.

The phone was found without a SIM card.

The juror was replaced by a reserve juror and he was let off without any punishment.

AG lawyers Kevin Valletta and Kayliegh Bonnet prosecuted.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.

Legal procurator Peter Paul Zammit assisted the victim.