Muka's lawyer says she cannot present his defence as he refuses representation

A lawyer appointed to assist murder suspect Daniel Muka informed the court on Wednesday that she could not present Muka's defence, as he refuses to be represented by a legal aid lawyer.

The trial by jury against Muka and Victor Dragomanski continued on Wednesday.

The two men are indicted over their alleged involvement in the murder of Christian Pandolfino, 58, and Ivor Maciejowski, 30, who were shot dead at their Sliema house on August 18, 2020.

They deny the charges.

After the prosecution closed its evidence stage, it was the turn of the defence teams to take the floor.

Legal aid lawyer Josette Sultana, who was appointed by the Criminal Court to assist Muka, informed the court that he refused to testify without his lawyer, Mario Mifsud.

Mifsud renounced his brief in the case last week. 

Sultana explained that Muka was refusing her services and ignoring requests to meet with her. She had only held a single online meeting with him back in November 2023. 

Muka, she said, wanted his own lawyer. 

Since the beginning of the trial, Muka has been following proceedings remotely from a room adjacent to the Criminal Court as he refused to behave in court. The accused has repeatedly protested that he was not allowed to have a lawyer of his choosing represent him in court.

Just three days before the trial was scheduled to start, Muka engaged lawyer Mario Mifsud.

The Criminal Court has refused to postpone the trial by jury again to give Mifsud time to prepare for the trial. This led Muka to file constitutional proceedings, but the request for an interim measure was turned down.

Lawyer: Dragomanski consistent during his interrogation

Herrera then took the floor and informed the court that Dragomanski would not testify in these proceedings. Addressing the jurors, he invited them to analyse the evidence presented and the facts in issue. He underlined that the jurors' decision cannot be based on instinct or perception.

The lawyer underlined that his client was always consistent throughout his interrogation. He also highlighted that Dragomanski was in the car when Muka allegedly killed Pandolfino and Maciejowski.

Herrera acknowledged that his client had participated in some offences, but there were other offences in which he was not involved. 

He compared Dragomanski’s version to the testimony of Jesper Kristiansen, who was an accomplice in the botched robbery, but reached a plea deal and was sentenced to 40 years in prison in exchange for his testimony.

Dragomanski had consistently told the truth, Herrera said, and this was corroborated by the testimonies heard in the trial. He recalled that Dragomanski was livid when he realised that two people had been shot dead, and felt Muka ruined his life.

“This indicates that Dragomanski had no intention to kill in this burglary,” Herrera said, adding that from the testimony it emerged that Kristiansen did nothing to stop Muka from killing Maciejowski.

He explained that Dragomanski’s position was very different to that of Kristiansen, who was present when Maciejowski was shot dead.

Herrera also argued that his client was not guilty of murdering the pair, noting that Muka and Kristiansen had met several times to plan the robbery.

Dragomanski was not present for those meetings and was not present when they scouted the victims’ house on Locker Street. He also referred to how Dragomanski was roped in, adding that his client, although he was not convinced, still joined Muka and Kristiansen.

Madam Justice Natasha Galea Sciberras is presiding over the Criminal Court.

AG lawyers Kevin Valletta and Maria Francesca Spiteri are prosecuting.

Lawyers Alex Scerri Herrera and José Herrera are appearing for Dragomanski.

Legal aid lawyer Josette Sultana is representing Muka.

Lawyers Michaela and Joe Giglio are assisting the victims’ families.