Updated 5.35pm

The trial by jury of the man accused of murdering Paceville business tycoon Hugo Chetcuti began on Tuesday.  

Bojan Cmelik, a former bouncer at Chetcuti's establishments, stands accused of the wilful homicide of his former boss, who was stabbed in July 2018 outside one of his Paceville clubs. 

He faces life imprisonment if found guilty. 

Leading the prosecution, Kevin Valletta from the office of the Attorney General said in his opening remarks that the prosecution is "morally convinced that the accused wanted to kill or put the life of Hugo Chetcuti at risk - in manifest jeopardy, causing his death."  

“Not because we know him, not because he is a foreigner, a Serb in this case, but simply because that is what the evidence is saying, aloud - so loud that we are morally convinced.”        

“That is why we are here. That is why the law requires me to demand a declaration of guilt be delivered against the accused,” Valletta said.  

Jurors tested for COVID

The 12 men and women who will decide Cmelik's fate were selected on Tuesday and underwent a COVID-19 test before the trial could begin.

In a lengthy introductory speech, Mr Justice Aaron Bugeja explained the jurors’ role to them and told them what they are to expect throughout the course of the trial.

“You are now serving as judges. Not professional judges, but you will come to a decision nonetheless,” he said. 

The jurors, Bugeja said, would have to decide whether Cmelik is guilty of the charges, based on the facts, and without “falling into the trap of prejudice”.

“You are the triers of fact. You will go through the facts presented to you a decision.”

Chetcuti, 52, was arguably Malta’s best-known nightclub entrepreneur, having taken over much of clubbing district Paceville over the previous decade.

He was stabbed outside one of his own venues on Triq Santa Rita, Paceville, on a busy Friday night in July 2018.

Chetcuti had been rushed to Mater Dei Hospital in a critical condition having lost a lot of blood. His condition stabilised after undergoing surgery, but he died of complications a few days later.

Prosecutors make their case

Cmelik, 39, was charged with the attack after the police chased him from Paceville to Sliema on the night of the attack. He had been found in possession of a knife believed to be the murder weapon.

Presenting the prosecution’s case to jurors, AG lawyer Valletta explained that Cmelik stands accused of wilful homicide.

This, he said, can cover the act of killing but can apply to putting the life of a person in danger which results in their death.   

“A man approached Hugo Chetcuti, opened his arms as if to greet him, but instead of hugging him, this person was quick enough to stab him twice in the abdomen. "By the time they realised what had happened, the man had already started to leave,” Valletta told the jurors.  

Valletta said the accused had been caught by several CCTV cameras, carrying a shiny object in his right hand.  

He was apprehended in Sliema after being tasered by police officers.  

Officers found he was holding a weapon which DNA testing later confirmed as being the murder weapon.  

“Hugo Chetcuti was minding his own business with his brother and a friend. having a drink, having a cigarette. He was not a threat to Cmelik. Today he is dead,” Valletta said.  

Closing his opening address, Valletta told the jurors that the evidence they will hear in the coming days will include testimony from police officers, including those who were on the scene of the crime and those who interrogated the accused.  

Prosecution witnesses testify

Inspector Nicolai Sant read out a transcript of Cmelik's statement to the police, in which he repeated the phrase "I wish not to answer"  to nearly all the questions put to him.  

The second witness presented by the prosecution, Sergeant Shaun Borg Asciak, had been stationed at the St Julian's police station at the time of the stabbing.  Borg Asciak was the officer who arrested Cmelik, and he told the court that he had found a plastic holster and a knife on the accused’s chest.

The knife, in a transparent plastic cylinder, was shown to the police officer in court. Borg Asciak confirmed it was the weapon in question. It was then shown to the jurors. 

Asked by the jurors if there was blood on the knife, the officer said he did not recall that detail.  

Medical staff that worked on Chetcuti after the stabbing, as well as forensic experts and court-appointed experts will all testify in the trial.

So too will Simon Attard, a friend of Chetcuti's who witnessed the attack, and Isaac Chetcuti, the victim’s brother who was also present. 

Cmelik's change of name

The compilation of evidence against Cmelik has already heard how, according to Serbian authorities, Cmelik had changed his surname from Mitic before leaving Serbia.

According to previous media reports, Mitic had changed his name after he spent time in jail in Serbia for armed robbery.

The accused used to work for Chetucti at two of his Paceville establishments, Bacco’s and Hugo’s Terrace.

He was fired once for failing to turn up to work but was rehired, only to be let go again.

Cmelik is being represented by legal aid lawyer Simon Micallef Stafrace.

Lawyers Joe Giglio and Mario Spiteri are appearing part civile on behalf of the Chetcuti family.

Lawyers Kevin Valletta and Maria Francesca Spiteri from the Office of the Attorney General are prosecuting.

The trial will continue at 9am on Wednesday, October 6.