A man who last week was evasive when testifying about an attack on a Sliema jogger, confirmed on Monday he had been “instructed to act” by his former boss Matthew Joseph Schembri. 

Agostin Marku, a 23-year-old Albanian national has just served jail time over the unprovoked attack in June last year alongside fellow national Xhovano Ndoci.

The 23-year-old Albanian nationals were - until a few weeks ago - jointly accused with Schembri.

Their unsuspecting target was the 62-year-old father of Schembri’s ex-wife. He was assaulted by Marku and Ndoci one morning in June 2022 while out on his daily jog. 

The hitmen later changed their plea to guilty and were both sentenced to an effective prison term and a €116 fine each. Marku was sentenced to 22 months while Ndoci got a 20-month jail term.

Since neither of the men filed an appeal, that judgment was final and both became competent and compellable witnesses in the ongoing proceedings against Schembri. 

When testifying last week as prosecution witnesses in Schembri’s ongoing proceedings, the pair gave somewhat contrasting versions, with Marku insisting that he could not remember everything since “it all happened over a year ago”.

He said that he had just gone after the jogger and hit him.

Although he was aware that the man had some problems with his boss, he was not sure what those problems were about, he had said.

However, his accomplice Ndoci, confirmed that it was Schembri who showed him a photo of the victim and also promised payment.

In light of such discrepancies and the reasonable suspicion that Marku had not testified the whole truth, the court ordered that the witness should testify again on Monday.

When he took the witness stand on Monday, assisted by two interpreters translating from Maltese to English and then Albanian, Marku initially appeared reluctant to speak. 

“Excuse me but I don’t want to speak any further about this case,” he started off. 

Magistrate Victor George Axiak pointed out that he was compelled to testify and warned the witness that unless he did so, he would face criminal action. 

Another witness, Ndoci, had testified at the previous sitting, explained the magistrate. 

“Do you wish to confirm all you said previously or do you want to change anything," asked the court. 

“Yes. May I speak to a lawyer," asked the witness. 

The court explained that at that stage, the witness could not communicate with his lawyer. 

Marku said that he did not intend to change anything, sticking to his previous testimony and explaining that he had “said whatever [he] remembered as correct and there was nothing to add”.

Questioned by prosecuting Inspector Lydon Zammit, Marku again insisted that he could not remember the nature of the problems between Schembri and the victim. 

“It’s been one and a half years since the incident," he added.

“What were you and your friend carrying on the day of the incident,” asked Zammit. 

“My friend was carrying a knife but I had nothing,” said Marku, explaining that the weapon was “just as self-defence in case someone attacked them”.

Marku was unable to answer further questions: “I don’t recall,” he insisted.

Confronted by what he had told police during interrogation, the witness said that “maybe” he remembered having been shown a photo of the target on Schembri’s mobile phone and that “maybe” it was Schembri who gave him information about the jogger. 

“I can’t recall it 100%,” said Marku. 

That was when Magistrate Axiak cut short the questioning and ordered the witness’ immediate arrest. 

Marku was to be escorted to the court lockup and detained there for an hour or so until the hearing resumed. 

'100% sure that I was asked to act'

When the proceedings continued, Marku said that Schembri had promised no payment, neither before the hit nor afterwards. 

When Schembri’s lawyers suggested that the witness had never spoken directly to his former boss about the assault, Marku replied: “yes, I spoke to him and it was the three of us.”

“Does Schembri speak Albanian,” asked lawyer Arthur Azzopardi. 

“No,” replied the witness, explaining that work instructions were translated by his Albanian colleague who had a better grasp of English. 

“Could it be that no instructions had been given but that he [Marku] had heard Schembri complain about that person [the victim] and interpreted that as instructions,” asked defence lawyer Franco Debono. 

“Yes, he told me to act," Marku replied.

“In light of your knowledge of English, how confident are you as to Matthew Schembri’s intention,” pressed on Debono. 

“I’m 100% sure that I was asked to act,” came the final reply. 

“The witness may now leave,” directed Magistrate Axiak, as Marku’s lawyer, Charles Mercieca, asked whether “this chapter” was now closed. 

As the witness exited the courtroom, Inspector Zammit informed the court that a deportation order was expected to be issued in Marku’s respect by the Principal Immigration Officer “in the coming hours.” 

The prosecution then declared that it had wrapped up its evidence. 

The case continues.

Inspector Lydon Zammit prosecuted.

Lawyers Arthur Azzopardi and Franco Debono are defence counsel.

Lawyer Alex Scerri Herrera appeared parte civile.

Lawyer Charles Mercieca assisted Marku.