A man who died following a fight in a Qawra bar last summer had such a high level of alcohol in his blood that he must have been heavily intoxicated, a court was told on Wednesday.
That scientific evidence was supplied by medico-legal expert Mario Scerri when testifying in murder proceedings against David Busuttil, the 59-year old owner of Munchies pub at Triq it-Turisti where the incident took place.
Busuttil was arraigned in August, when the police had explained what had happened in his bar.
The victim, 60-year old Roger Dudley-Ward, had been drinking at the bar with a friend when an argument broke out with Busuttil.
The victim allegedly began to cough onto Busuttil’s drink.
Busuttil reacted by flinging the contents of his glass at Dudley-Ward who, in turn, threw his beer can at Busuttil.
Busuttil shoved Dudley-Ward towards some steps leading down from the patio.
Then, as Dudley-Ward climbed back up the steps, bending over to retrieve his mobile phone, Busuttil kicked him on the chin, causing him to fall backwards, hitting his head on the pavement.
During a previous sitting, a police inspector testified that the incident, captured on CCTV footage, had lasted no longer than one minute.
Busuttil was arraigned in June to face murder charges. He was also accused of attempting to conceal the evidence and breaching public peace.
He denied the charges and was granted bail.
When the case resumed on Wednesday, it did so in the absence of the accused who was escorted to Mater Dei Hospital in an ambulance after complaining of chest pains at the start of the hearing.
His lawyers, Franco Debono and Marion Camilleri, consented to the testimony to proceed in the accused’s absence.
Medico-legal expert Mario Scerri took the witness stand, explaining how he had examined the victim in hospital where he was rushed in critical condition.
The patient had a fractured skull compatible to a blunt trauma. He also had a very high level of alcohol in his blood, at 224mg/100ml which was indicative of severe intoxication.
Asked by Debono whether his injuries were compatible to a fall, Scerri said that it could not be excluded that the fractures may have been caused by the fall.
The case continues.
Inspectors Ryan Vella and Shaun Pawney are prosecuting, assisted by AG lawyers Nathaniel Falzon and Abigail Caruana Vella.
Lawyers Franco Debono and Marion Camilleri are defence counsel.