Victim attacked by three men a day before murder - witnesses

A Lebanese couple told a court yesterday how their neighbour told them someone had tried to kill her a day before she was murdered.

Huwejda and Chinaoui El Shinaur testified for the defence in the trial of Mario Pollacco and told how Rose Mary Schembri, their 82-year-old neighbour, asked them to call the police because someone had tried to kill her just a day before she was murdered.

"My husband and I were walking towards the sea in Msida when we saw Miss Schembri lying on the pavement in front of her house shouting for help," Huwejda El Shinaur said.

"We stopped to see if she was hurt and she asked us to call the police because someone had hit her on the head and she was bleeding. Miss Schembri held her neck and said that someone had tried to kill her."

El Shinaur testified before Mr Justice Joseph Galea Debono who is hearing the trial of Pollacco, 38, of Msida.

Pollacco is pleading not guilty to Schembri's wilful homicide at her house on June 3, 1998, and stealing more than Lm1,000 in cash and precious stones.

Chinaoui El Shinaur said Schembri told them she had been attacked by three men who belonged to the Mafia. He said he pushed the door open in an attempt to help Schembri onto a chair which was in the doorway and heard the sound of breaking glass in the hallway as he opened the door.

The El Shinaurs said they made sure Schembri was not bleeding and decided it was not necessary to inform the police, so they continued walking.

John Grima followed the couple to the witness stand and said that he made statues out of white cement and sand as a hobby. He yesterday recognised Pollacco as the man who had bought one of his statues about a week before Schembri was killed.

He explained that Pollacco had gone to his garage, where he made the statues, to inquire about them. He then went back a few days later and bought one.

"When he came to my garage I asked him if he was from Msida since I had never seen him before. He told me that he was a Pollacco," Grima said.

He also recognised the stained statue exhibited in court as one of his statues.

Francis Bugeja said he was Pollacco's friend and they often played with Linda, the dog. He said the dog bit him playfully several times.

Prosecutor Mark Said then rose to address jurors. He warned jurors not to evaluate the evidence in isolation but urged them to look at the whole picture. The results of the autopsy, Dr Said said, clearly showed that Schembri's life was ended violently.

It was a fact that Schembri's door had not been forced open, he said. This could mean that the intruder took advantage of Schembri's trust and Pollacco had gained Schembri's trust.

"Why did the intruder go to Schembri's house? It all boils down to theft. Why else would he go in?" Dr Said asked.

The fact that the stolen goods were not recovered did not necessarily mean that the theft was not consummated. The crime took place the minute the intent was formed.

The trial continues this morning.

Dr Said, senior counsel to the republic, is prosecuting.

Dr Michael Sciriha, Dr John Attard Montalto and Dr Philip Galea Farrugia are appearing for Pollacco.