A man charged with the murder of his wife had satisfied all bail requirements and should be granted bail, his lawyers argued on Wednesday.

In submissions before the Criminal Court, the lawyers filed a fresh request for bail for Roderick Cassar, who is pleading not guilty to fatally shooting his estranged wife Bernice last November 22 at 8am.

The murder took place just outside her workplace at Corradino, apparently acting under the belief that the mother-of-two was having an affair with a work colleague. 

A third attempt to secure bail earlier in September had failed. On that occasion, the court, presided over by Mr Justice Neville Camilleri, expressed doubts as to whether Cassar would abide by court conditions if he were to be granted bail. 

Bernice Cassar was shot dead on her way to work. Photo: Facebook

But Cassar’s lawyers on Wednesday rebutted the prosecution’s arguments which cast doubts upon the accused’s trustworthiness. 

They noted that the compilation of evidence over the murder of Bernice Cassar has reached an advanced stage.

When escorted back to court on Wednesday, Cassar sat silently, under the watch of prison guards, his relatives and those of the victim seated apart at the back of the hall, while lawyers thrashed out their arguments. 

Earlier on, one of Cassar’s relatives testified that he was willing to step in as third-party guarantor, having the necessary financial resources to cover the relative bail bond, even up to €100,000. 

Cassar’s 'anxiety' and worries

A psychological assistant, who first got to know the accused when he was remanded in custody after the murder, was also summoned to the witness stand. 

She spoke about Cassar’s anxiety which is still evident, becoming more manifest whenever a court hearing looms. 

Like all inmates admitted to Corradino Correctional Facility, Cassar was assessed and a care plan was tailored to his needs. He was also referred to an experienced psychologist. 

Throughout these months, Cassar had no disciplinary reports and never got into any trouble with fellow inmates, the witness confirmed.

Asked by presiding Judge Edwina Grima how the accused externalised his anxiety, the witness said Cassar would break out in a sweat as court hearings approached and he grew more distant, retreating inside his cell. 

However, he had registered progress, requesting a session with the psychologist when the need arose and opening up about his problems. 

He appeared to be mostly concerned about his court case, his parents’ health, and his children. 

Public outcry 

In addition to those testimonies, the defence pointed out that the compilation of evidence was nearing an end.

As for the issue of public outcry, lawyer Franco Debono made reference to the case of Lorin Scicluna and Francesco Fenech, who stand accused of murdering Lassana Cisse.

Although that case had also triggered a public outcry, the accused were eventually granted bail by the Criminal Court. 

“God forbid if public outcry were stretched to trial by the media,” argued Debono.

Is Cassar trustworthy?

Having an adequate third-party guarantee was not the main reason why the court had previously denied Cassar bail, countered Attorney General lawyer Angele Vella. 

The main question was whether the accused was trustworthy. 

Before the murder, police had summoned him twice but he had totally ignored them, said the prosecutor. 

He had signed a protection order binding himself not to harass his estranged wife and her family.

“Did he breach it? Yes he did,” went on Vella. 

He then allegedly shot his wife using an unlicensed weapon and fled the scene, holing himself up inside his home for 17 hours, refusing to surrender and comply with police orders. 

The scene of the 17-hour standoff before Roderick Cassar was arrested. Photo: Chris Sant Fournier

And, during those hours, he sent messages to his in-laws from the victim’s own phone which he had taken away from the crime scene, texting and calling Bernice’s brother even while he was giving evidence before the magistrate conducting the murder inquiry. 

“There were 12 calls in one day and ongoing messages.”

As for the third-party guarantor produced by the accused, how could he hope to monitor Cassar by “giving him a call in the morning and another call in the evening,” asked Vella. 

The accused had threatened his wife and her family saying “all from Żebbuġ to Santa Luċija would pay for it”.

After moving out of the matrimonial home, Bernice was threatened by the accused who allegedly told her, “perhaps you might disarm me in court, but afterwards I’ll fix you”.

“Her family needs protection from this person who is not at all trustworthy and broke all the authorities’ orders,” concluded Vella, her arguments echoed by family lawyer Anne Marie Cutajar.

“No third-party guarantor can offer peace of mind,” said the lawyer. 

Madam Justice Grima will decide upon bail by means of a decree delivered in chambers. 

Lawyers Angele Vella and Darlene Grima are prosecuting.  Lawyers Arthur Azzopardi Marion Camilleri and Jacob Magri are also defence counsel. Lawyers Stefano Filletti, Marita Pace Dimech, Anne Marie Cutajar and Rodianne Sciberras are appearing parte civile.