A murder suspect who allegedly stole and then returned a car belonging to one of the Ta' Maksar brothers in 2017, has been cleared of all but one of the charges, with the court saying the prosecution's case presented more questions than answers.
Ismael Habesh, a Libyan national currently awaiting trial over the murder of Simon Grech back in 2005, faced multiple charges over an incident in Victory Street, Qormi on September 10, 2017.
The Ta' Maksar brothers - Robert and Adrian Agius - were arrested on Tuesday on suspicion of having delivered the bomb which killed Daphne Caruana Galizia in 2017.
In the unrelated case, the court heard that Robert Agius had just stopped his Mercedes outside a bar and popped inside to buy a bottle of water, when Habesh got into the driver’s seat.
When Agius returned, a scuffle ensued, apparently sparked by some "suspicious items" inside the vehicle.
In the course of the physical confrontation, Habesh somehow got hold of a firearm, while two other people who were also inside the car ran for cover.
At one point, Habesh drove off in the Mercedes, but returned within minutes.
The whole incident was recorded on CCTV.
Agius filed a police report but later failed to confirm his version under oath, choosing instead not to testify so as to avoid possible self-incrimination and simply confirming that his Mercedes had been returned immediately.
In his police report, Agius had said that Habesh had threatened to blow him up unless he handed over €20,000. As he was held at gunpoint, Agius said he offered his aggressor “€200” to put an end to the matter.
Habesh pleaded not guilty to aggravated theft, unlicensed possession of a firearm, threats, breach of peace, breach of bail conditions as well as recidivism.
Magistrate Joseph Mifsud said that on the basis of the evidence put forward and after analysing the good quality footage, the court had more questions than answers.
Yet, the court questioned whether it was normal for the victim of an aggression to offer money "to settle the matter".
And why would anyone steal a car only to return it within four minutes?
Moreover, it appeared that during the scuffle "that lasted seconds," Agius had slipped his hands inside a pouch which he carried inside his Mercedes.
The court was also perplexed by the fact that the prosecution had not clarified what it meant by the "suspicious items" inside the car.
Magistrate Mifsud said the court was not meant to "fill the cracks in the prosecution’s case," nor to investigate. The prosecution was expected to be precise in its accusations, rather than allow the accused to slip away "through carelessness or haste when drawing up the charges."
The only charge that had been sufficiently proven was the breach of public peace, since the footage left no doubt as to the commotion caused by the violent incident and for which the accused landed a month’s detention, less the time spent under preventive arrest.
Lawyers Edward Gatt and Ishmael Psaila were defence counsel.
Inspectors Saviour Baldacchino and Roderick Agius prosecuted.