Witnesses say they were approached over evidence in Lilu King trial

Prosecution witnesses in the Jordan Azzopardi and Lilu King case revealed in court they had been approached about their evidence before trial, prompting the magistrate to warn that attempts to influence witnesses amounted to a criminal offence and a "serious breach".

Two friends of the alleged victim described the aftermath of an incident at a shop in San Ġwann, where the man was allegedly tied up, beaten unconscious, robbed, threatened with a knife and sexually assaulted with objects.

They told the court they were shown a WhatsApp video of the man stripped naked, with tears in his eyes and begging for his life.

On Thursday, proceedings continued against Jordan Azzopardi, known as “El Chapo ta’ Malta”, Mohammed Elmushraty, known as Lilu King, Noureddin Amer Miloud Almahmoudi and Abdulmomen Abudagil.

Azzopardi and Abudagil are accused of sexual assault, theft, unlawful detention, bodily harm, taking sexual footage or photographs without consent, violent coercion, extortion, misuse of electronic equipment and causing the alleged victim to fear violence.

Azzopardi is also accused of attempted homicide and breaching bail conditions.

Elmushraty and Almahmoudi are accused of complicity in several of the same crimes, including unlawful detention, assault, robbery and rape. All four deny the charges.

Badr Abdurazag Ben Naji, a friend and colleague of the alleged victim, testified alongside Omar Abdel Ghani.

During his testimony, Ghani appeared uncomfortable when asked to identify individuals in the courtroom, saying he felt as though he had been “given a gun and asked to shoot someone.”

He ultimately identified Azzopardi and Abudagil.

Alleged victim 'begged for his life'

Both men said they had dropped off the alleged victim at the shop in San Ġwann on April 21 and had plans to go out together later that evening.

Ghani told the court that an hour later, the alleged victim ran out of the shop in a panicked state.

“They hit me, they hit me,” he reportedly told his friends.

Ghani said: “As he came out of the shop, he was in a clear state of distress. His zip was cut, belt was undone, blood stains on his chest and face. He had a mark on his eyebrow, I noticed he had a burn on his tongue.”

Two men emerged from the shop shortly afterwards, according to the witness.

Ghani described one as having long, curly hair and the other as good-looking, with gold teeth and tattoos on his face.

The men pointed towards Ghani and asked in Arabic whether he was with the alleged victim, he testified.

One of them said they would speak later and made a hand gesture indicating a phone call.

The man with curly hair then showed them footage of the alleged victim on a phone, Ghani said.

“We saw a video of him pleading for his life. He was begging for his life.”

Ghani said the footage showed his friend tied up, naked and on his knees, with tears in his eyes and a sex toy in his hand.

The footage was shown on WhatsApp and appeared to have been recorded in a room resembling a bathroom. It was timestamped on the same day as the alleged incident.

The alleged victim and his friends left shortly afterwards.

Ghani said that, on the way to the police station, the man complained that he was in pain and said he had been beaten, tied up and punched. He also said he had been sexually assaulted with a sex toy.

During the journey, Ben Naji received a call from his uncle, who managed the restaurant where they worked.

The uncle asked what had happened and said he had heard about an incident through somebody connected to the Libyan embassy, the court heard.

Witnesses questioned over contact from Libya

Ben Naji and Ghani said strangers began approaching them after the alleged victim filed a police report.

Ben Naji said he received a call from a Libyan number he did not recognise. The caller said he was a friend of “Abdul” and wanted to know what had happened.

The magistrate questioned why the witness had not asked the caller to identify himself.

Ben Naji said he had not wanted to become involved and believed the caller only wanted to know how his friend was and what he had told police.

The prosecution then played footage of Ben Naji’s police statement, which suggested the contact had been more extensive than he initially described.

“You need to say the truth. You need to be careful with your wording,” magistrate Lara Lanfranco said.

The court heard that the person had tried to call him several times and that they had communicated through WhatsApp.

The evidence also indicated that the case had been discussed with Ben Naji’s family in Libya, with information reaching his sister.

Ben Naji said he had not considered those details relevant. He said the caller was asking “about what I would say if I had to go to court. Which is pretty normal”.

The magistrate intervened.

“It’s not normal. That’s a criminal offence telling someone how to proceed with a case.”

The prosecution noted that Ben Naji had initially told police that nobody had tried to contact him. It was only after officers said they knew his family had heard about the case that he disclosed more information, the court heard.

The prosecutor also commented on the witness’s body language.

“What, are you a body language expert!?” the witness retorted.

The prosecution suggested that Ben Naji had been reluctant to provide information.

“They tried to influence you how to testify. You don’t think that’s important to tell police.”

Ben Naji admitted that it was important and said he disclosed it once he understood its relevance.

He maintained that he did not think he had done anything wrong because the caller had presented himself as somebody asking about a friend.

The prosecution also asked whether Ben Naji had been afraid for his safety, as indicated in his police statement.

“If I was scared, even if so, you wouldn’t be able to protect me.” he noted.

He said  what happens in Malta would not make a difference in Libya.

In his police statement, Ben Naji said he felt pressured. In court, however, he said he had merely felt stressed and anxious.

“How can there be justice done if witnesses are being spoken to. This is a serious breach,” the magistrate said.

Ben Naji said he had not wanted to become involved but insisted in court he had not been afraid.

'I wanted no involvement'

During his testimony, Ghani said Ben Naji appeared more worried after the incident.

He also testified that he had been approached about the incident.

About one or two weeks after the alleged incident, he was smoking outside Club Flow in Paceville when a man approached him and a friend.

The man asked whether Ghani knew anything about the incident in San Gwann.

According to Ghani, the man said that he wanted to speak to the two witnesses to “fix the situation”.

The man told Ghani that he had been sent by a Libyan individual but did not identify that person.

Ghani pretended not to be one of the witnesses and acted as though he knew nothing about the case.

He told the court that he had been shocked and wanted no involvement. He said he had been reluctant to testify because he feared being judged and believed his evidence could have consequences.

The prosecution is being led by Inspectors Wayne Buhagiar and James Turner, together with lawyers Jurgen Dalli, Darleen Grima and Danika Vella.

The accused are represented by Franco Debono, Marion Camilleri, Herman Mula, Adreana Zammit, Matthew Xuereb, Jacob Magri and Arthur Azzopardi.

Magistrate Lara Lanfranco presided over the case.