Qormi man cleared of attempted murder

A 41-year-old man has been cleared of attempted murder but was fined Lm50 for threatening two people. Horace Azzopardi, of Qormi, had been charged with the attempted murder of Emanuel Schembri when he fired a gun at him and with damaging Mr Schembri's car in Qormi on February 15, 2004.

He was also charged with threatening Mr Schembri and Doris Cachia, with the illegal possession of the gun and with breaching the peace.

During the compilation of evidence, Magistrate Giovanni Grixti heard Mr Schembri explain how, on the night of the incident, he was on his way to Ms Cachia, his caregiver.

As he parked his car, he accidentally hit another vehicle. Then, suddenly, he heard a gunshot and his car windows shattered.

Mr Schembri said that although he did not see who fired the shot, when he got out of his car he saw Mr Azzopardi surrounded by four men. Mr Azzopardi told him he wanted to kill him because he had hit his car and asked him for Lm250 in cash.

Mr Schembri told Mr Azzopardi he would have to get the money and Mr Azzopardi followed him to Ms Cachia's house. While there, Mr Azzopardi threatened he would kill both Mr Schembri and Ms Cachia if they did not pay him Lm250.

The following day, Ms Cachia went to withdraw money to pay Mr Azzopardi as she did not want any trouble and feared that if she went to the police the accused would know. However, the police arrested Mr Azzopardi before she could pay him.

On evaluating the evidence, Magistrate Grixti noted that he could not find Mr Azzopardi guilty of attempted murder. This was because, although the police had originally charged him with the offence, the charge had been changed to one of causing serious injuries on the instructions of the Attorney General. But the magistrate cleared him of this too on grounds that the prosecution had failed to prove it in court.

The magistrate also cleared Mr Azzopardi of damaging Mr Schembri's because Mr Schembri had not seen the accused fire the gun and no gunshot residue was found on Mr Azzopardi.

The court found Mr Azzopardi guilty of threatening Mr Schembri and Ms Cachia and breaching the peace.

Police Inspectors Maria Stella Attard and Silvio Valletta prosecuted.