A man shot in Mqabba in July refused to testify against the two men accused of shooting him and killing his cousin, out of fear of incriminating himself.
Vince Gaffarena decided to avail himself of the right to remain silent after police inspector Kurt Zahra informed Magistrate Nadine Lia that the witness was currently under investigation and he could not rule out that criminal action will be taken against him too.
Testifying on Thursday from an adjacent room via video-conferencing, upon the advice of his lawyer, Noel Bianco, Gaffarena insisted he did not wish to testify.
He was meant to take the witness stand in the ongoing compilation of evidence against 18-year-olds Leon Debono and Owen Schembri, the two men who allegedly killed his cousin, Saviour, and injured him in the shooting incident on July 29.
He was stopped from entering the law courts last week after he failed a temperature check and that nearly happened again on Thursday when he was found to have a higher temperature than normal. However, he was allowed to enter.
Superintendent Josric Mifsud testified that he went on the scene of the crime in Triq il-Konvoj ta Santa Marija in Mqabba after the police received information at around 10.45pm that there was a Renault Megane with shot victims inside.
He said Saviour Gaffarena, 27, did not appear to be alive and that paramedics had started treating his cousin Vince Gaffarena for gunshot wounds.
Mifsud said there was a lot of blood in his mouth and he could not speak when asked what had happened. He was given a pen and paper and he wrote: “Owen Schembri and Leon Debono, Kirkop”. Mifsud said he saw Gaffarena writing it.
“Saviour Gaffarena was dead. He had a wound to his head and a swollen face,” Mifsud said, explaining that the bullet’s exit wound had blown up the man’s face. Inside the car, the police found a bag with a pistol and magazine inside.
As investigations continued, he received information on the spot under a tree in Kirkop where the weapon used in the crime could be found.
Most of the sitting was taken up by legal arguments on whether the shooting victim had the right to refuse to testify on everything asked. An offer to limit the questioning was shot down by the defence, who argued that the witness could paint only half the picture of what really happened.
They also argued on whether he was a minor because he was 17 years old, with defence lawyers Giannella de Marco, Arthur Azzopardi and Alfred Abela arguing that the law classified a minor as under 16.
After a lengthy discussion, the parties agreed with the magistrate’s suggestion to present notes to allow the prosecution to clarify its position.
Azzopardi also made a submission on a request for bail he had filed on behalf of his client but the prosecution vociferously objected to it, saying that there was a great risk that evidence could be tampered with.
Magistrate Lia will decree on bail from chambers.
Lawyers James D'Agostino and Mark Refalo are also representing the victims. Superintendent Keith Arnaud and Inspector Kurt Zahra are also prosecuting.