Two men allegedly commissioned to attack a jogger on the Sliema seafront last year gave conflicting evidence when testifying in court against the alleged ‘mastermind’.
Agostin Marku and Xhovano Ndoci were summoned as prosecution witnesses in proceedings against Matthew Joseph Schembri whom police describe as the “brains” behind the unprovoked aggression.
The 23-year-old Albanian nationals were - until a few weeks ago - jointly accused alongside 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 term of imprisonment 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.
On Tuesday, both men were escorted to court from Corradino Correctional Facility where they are currently serving jail time.
'I cannot remember'
“I actually cannot remember everything exactly because it all happened over a year ago,” started off Marku, speaking in Albanian while two interpreters translated to English and then Maltese, given that the proceedings were being conducted in Maltese.
He recalled that the victim had “some problems with a person” he knew.
“I just went after him and hit him,” said Marku, promptly earning a warning from presiding Magistrate Victor George Axiak who reminded the witness that he was to tell the truth or face the consequences.
The witness then recalled that “Matthew” was the person who had problems with the jogger.
“But he [Matthew] did not tell me to do it. I did it out of my own will.”
Pressed further by prosecuting Inspector Lydon Zammit, the witness insisted that he could not remember what had happened and had even forgotten how he got to know the victim or who had pointed out the man.
As for his relationship with Schembri, Marku described him as his boss in the construction business.
And what about Schembri’s relationship with the victim, asked the prosecutor.
“I don’t remember. I’m not in a state to remember,” insisted Marku.
Although evasive when asked how he had got information about the target, he explained that he had followed the victim for some 10 days and had watched him jogging on three occasions.
“I knew he went jogging and knew that he had problems with Matthew but I’m not sure what the problems were about,” said Marku, insisting that he could not remember.
“Had I been questioned before, perhaps I would have recalled.”
As the witness stepped down, the prosecutor informed the court that Marku’s time in jail was to lapse in a matter of a few days since the time spent under preventive custody was to be deducted from his jail term.
Immigration authorities were already aware of that and would issue a removal order for Marku to be deported as soon as he steps out of jail.
Handed money after attack
Ndoci was next to testify, identifying Schembri and explaining how the accused had shown him a photo of the victim, along with his name and place of residence.
That was how the hitman knew whom to target. After the hit, they were to receive money from Schembri.
“But we were going to carry out the act out of respect for Matthew,” insisted Ndoci.
Payment was promised prior to the hit but money was handed over after the attack, said the witness who said that he was to “beat or punch the person to get the money”.
In light of the discrepancy in the witnesses’ testimonies and upon reasonable suspicion that Marku had not testified altogether truthfully, the court directed that Marku was not to be deported before he was escorted back to the witness stand and confronted with the discrepancies in his version.
That is scheduled to take place next week.
Inspector Lydon Zammit prosecuted.
Lawyers Arthur Azzopardi, Franco Debono and Jacob Magri are counsel to Schembri.
Lawyer Charles Mercieca was counsel to Marku.
Lawyers Veronique Dalli and Dean Hili were counsel to Ndoci.