Two fishermen were acquitted on Saturday afternoon in a trial by jury over the murder of Albert Brian Rosso who disappeared 18 years ago and whose body was never recovered. 

Anthony Bugeja, 55, and Piero Di Bartolo, 49, were cleared with seven votes against two of wilful murder, and with eight votes against one for unlawful use of a firearm whilst committing the crime as well as disposing of the victim’s body. 

The case dates back to October 10, 2005, when Rosso, a marine biologist and medical technician, left his workplace at the San Luċjan Aquaculture Centre in the morning telling his colleagues that he was meeting Bugeja. 

The prosecution alleged that Rosso was shot during an argument that broke out over the Desirée, a trawler that was registered in his name, with Bugeja as associate. 

Bugeja allegedly fetched a rifle and shot Rosso in the presence and in agreement with Di Bartolo who used to operate the vessel. 

The two then allegedly placed the victim’s body inside a sack and dumped it at sea in the area of the Freeport near Bengħajsa reef, weighing it down with stones. 

How Rosso changed

Throughout the trial, jurors heard how Rosso had changed from a “lively” person to one who was constantly worried and scared by death threats allegedly directed against him by some unidentified “Sicilians.”

He was so scared that he had even bought a small firearm which he began to carry around in a pouch, voicing his troubles with colleagues. 

A biologist who shared an office with the alleged victim, testified about that last day when she had come across Rosso sitting at his desk, staring blankly at the monitor, hands to his head.

His superior also recalled how Rosso had once sought permission to go to speak to the police. 

About a month prior to his disappearance, he had requested a meeting with then-Police Commissioner John Rizzo who, when testifying at the trial, recalled the alleged victim’s fear.

Some weeks later, Rosso’s concerned wife filed a report at the Zabbar police station, saying that her husband had not returned home.

Police set about searching for the missing man and his white Isuzu Elf van. 

A week later, the van was found parked in an Għaxaq side street.

Police were subsequently told that a man had parked it there on the day its owner disappeared and then left in another vehicle driven by a third party.

Rosso’s wife recalled his final days when testifying late on Thursday evening. 

“I don’t have much longer to live,” her husband had said, days before that last October morning when he headed out for work.

She also spoke about his passion for fishing, a rather costly hobby since as sole owner of the vessel, he paid all licensing and related costs.

Rosso had originally co-owned the Desirée with Sicilian-national, Sebastiano Lupo. 

When relations between the two turned sour, he bought Lupo’s share and was negotiating a co-ownership deal with Bugeja.

Rosso’s wife said the two had never reached an agreement.

Gaping holes

When making final submissions, the defence argued that there were “gaping holes in the jigsaw puzzle” which the prosecution had urged jurors to piece together. 

The narrative in the bill of indictment was based on nothing but “suspicions”, “conjectures” and “suppositions”.

“God forbid if we were to have a situation where people are found guilty on such evidence… It would be a truly dangerous country to live in,” argued lawyer Franco Debono when wrapping up Bugeja’s defence. 

As for Di Bartolo, there was “nothing at all” to link him to the accusations, argued his lawyer, Roberto Montalto. 

The defence also stressed the fact that since the victim’s body had never been found, it was not even possible to tell whether he had died, let alone that he had allegedly been murdered. 

Circumstantial evidence such as a firearm in Bugeja’s garage, a scratch on the garage door, a burnt rag, a bucket of cement with cartridges buried inside and other pieces of evidence focused upon by the prosecution, did not lead anywhere.

The prosecution fell far short of proving their case beyond reasonable doubt, the accused’s lawyers argued. 

Last year, the Court of Criminal Appeal confirmed a previous decision by the Criminal Court declaring statements released by the accused, at the time when legal assistance was not yet provided for at pre-trial stage, inadmissible in evidence. 

Madam Justice Consuelo Scerri Herrera presided over the trial.

AG lawyers Angele Vella and Andrea Zammit prosecuted.

Lawyers Arthur Azzopardi and Franco Debono were counsel to Bugeja. Lawyer Roberto Montalto was counsel to Di Bartolo. Lawyer Stefano Filletti appeared parte civile. 

From left: Piero Di Bartolo, Roberto Montalto, Franco Debono, Anthony Bugeja and Arthur Azzopardi smile outside court following the verdict.