Passer-by recounts finding Spiteri unconscious

The first person to stop and help murdered Gozitan warden Fortunata Spiteri yesterday explained how he saw her white car careering wildly down the lanes in reverse and thought the driver had fainted.

Joseph Zerafa said he stopped to help when the car came to a stop, walked up to the car and found Spiteri unconscious in the driver's seat.

He testified before Magistrate Paul Coppini in the compilation of evidence against John Attard, 56, of Xaghra, and Giuseppe Farrugia, 71, of Fontana, who are pleading not guilty to Spiteri's wilful homicide on August 10, 2001, at about 9.45 p.m.

They are also charged with the possession of a dagger without a licence and at the time of the commission of the crime.

Attard alone is also charged with relapsing.

Zerafa yesterday explained he had been driving towards San Lawrenz when he saw the car being reversed down the road. He said his sister had been following him and she called an ambulance.

Meanwhile other people gathered on the scene including other wardens, a nurse, a policeman and the Speaker of the House of Representatives and his wife who were driving by.

Zerafa's sister, Anna Tabone, confirmed that she phoned the ambulance from her daughter's mobile phone. The first call was made at 9.48 p.m. but since she got in touch with the hospital in Malta, a second call was made to the Gozo hospital at 9.49 p.m.

Her husband, Jimmy Tabone, was the first person to open the door of the victim's car and he saw that Spiteri was in a bad state, Anna Tabone said.

She said her brother had then asked her to keep the children away from the scene of the accident.

Raymond Galea, Spiteri's brother, told how he had found a knife behind the shutter of his pet shop in Church Street, Xaghra, on two separate occasions.

On August 30, 2001, his wife found an object wrapped up in a T-shirt and called him to go to the shop. When he arrived he found a knife bundled in the piece of clothing and reported the incident to the police.

On November, 26, 2001, he again found an object in front of his shop and this time he informed the police before touching it himself. Once again he was informed that the object was a knife, Galea said.

At the end of yesterday's sitting, the defendants requested bail but Magistrate Coppini denied the request on the grounds that other people suspected of involvement in the murder had not yet been arrested. He also took into consideration the circumstances of the case.

Attard and Farrugia's lawyers immediately called on the court to revoke the ruling, arguing that the fact that other suspects had not yet been charged should not prejudice their clients.

Dr Emmanuel Mallia, for Attard, argued that if the other suspects were never arraigned, this would mean that his client would be detained in a discriminatory manner and in breach of his fundamental human rights.

He argued that the fact that the magistrate hearing the compilation of evidence was the same magistrate who had conducted the inquiry should not prejudice the accused.

But Magistrate Coppini made it clear that the reason given in his previous ruling was only one of the reasons taken into consideration for the denial of bail and he confirmed his ruling.

The case continues.

Police Superintendent Pierre Calleja and Inspectors Antonello Grech and Anglu Caruana are prosecuting.

Dr Carmelo Galea, Dr Emmanuel Mallia and Dr Giannella Caruana Curran are appearing for Attard, Dr Chris Said for Farrugia, while Dr Anton Refalo is representing the Spiteri family.