A 64-year-old retired soldier was arraigned on Wednesday and accused of firing at a car which rammed the gate of his farmhouse in Maghtab on the night of September 25.

Joseph Bezzina was accused of attempted grievous bodily harm, causing wilful damage to third-party property, carrying a firearm while committing a crime, breaching arms licence conditions and wilful breach of public peace.

This was the second arraignment over the case.

The driver of the car, Michael Camilleri, 41, from Qormi was arraigned last week and he admitted to causing wilful damage to third-party property, making insults and threats beyond the limits of provocation, causing fear of violence, and negligent, reckless and dangerous driving.  

He had turned himself in at Qormi police station, and prosecutors explained that he took the police to a site at Baħar iċ-Ċagħaq where his black Mercedes car was parked.

Camilleri had been handed a suspended sentence, €3,000 fine and a a three-month driving ban.

On Wednesday Bezzina pleaded not guilty.

The court heard how Bezzina was rudely awakened as Camilleri smashed the car into the farmhouse gate. 

Bezzina allegedly fired a hunting shotgun twice.

One was a warning shot, clarified the defence. 

The Mercedes backed away and drove off.

Police later confirmed that its windscreen and the driver’s side were riddled with leadshot.   

The prosecution objected to bail because proceedings were still at a premature stage; the serious nature of the charges; the risk of tampering with evidence and the fact that civilian witnesses still had to testify. 

The defence countered each of those arguments, stressing that this was no cowboy act and Bezzina was simply “protecting his family.” 

The incident had apparently been sparked by some argument between Camilleri and Bezzina’s son, said the lawyers. 

The defence argued that Bezzina should never have been arraigned at all, highlighting a provision of law which would have exonerated the defendant when acting in the night to protect his property. 

Moreover, Camilleri had admitted to his own wrongdoing and was sentenced. No appeal was lodged. 

Magistrate Donatella Frendo Dimech turned down the request for bail in view of the nature of the charges and the fact that civilian witnesses were still to testify. 

The magistrate said that this decision should not cast any shadow whatsoever upon the guilt or otherwise of the defendant. 

It was noted that lawyers representing Camilleri had registered their non-objection to bail at the start of the hearing. But the prosecution also had to safeguard the common good.

The magistrate recommended that the director of prisons ensure that the defendant is detained in a section that best reflects the particular circumstances of the case. 

It was being claimed that there was prima facie evidence that the defendant had been protecting himself and his family, minuted the magistrate. 

“My conscience tells me that it is premature (to grant bail). But this is not to reflect in any manner upon your guilt or otherwise,” the magistrate told the defendant.  

Lawyers Arthur Azzopardi and Jacob Magri represented the defendant.

Lawyers Franco Debono, Matthew Xuereb and Jose Herrera appeared for Camilleri.

AG lawyer Kenneth Camilleri and Inspector Joseph Mallia prosecuted.