A minibus driver and a jobless teen faced separate charges over an arson attack wherein a car was set on fire in Birkirkara last week.

Investigations by the police arsons unit kicked off following a report about the blaze and CCTV footage from the area showed the suspect getting out of a blue van with an advert sticker on the rear.

He then approached a Mazda Demio model and set it on fire, prosecuting inspector Mario Xiberras told the court.

Colin Pavia, the 48-year-old van driver from Fgura, was charged first, pleading not guilty to complicity in the arson as well as in causing wilful damage to third-party property, namely the Mazda Demio of the targeted victim and a Toyota Vitz that was also damaged by the fire. 

He was also charged with relapsing. 

The police had tracked down Pavia as the owner of the van who drove the suspected arsonist to Birkirkara. 

It later turned out that he allegedly knew that the passenger was heading in that direction to commit arson.

That passenger was 18-year-old Seyble Grech, from Marsascala, who allegedly told the police that Pavia was the mastermind behind the attack. 

Pavia’s request for bail was objected to by the prosecution who highlighted the risk of tampering with evidence as well as the gravity of the crime and the fact that the accused was deemed untrustworthy. 

Link between accused and victims still to be determined

Moreover, the link between the accused and the victims was still to be determined throughout the proceedings. 

Defence lawyer Roberto Spiteri countered that the prosecution’s fears were unsubstantiated. 

Pavia’s criminal record showed that his past brushes with the law involved non-payment of maintenance and a conviction dating back to 1993 for breaching a smoking ban. 

That certainly did not make the accused untrustworthy, argued the lawyer. 

After hearing submissions, the court, presided over by Magistrate Leonard Caruana, turned down the request because of the gravity of the charges and also because civilian witnesses were still to testify. 

The court directed the prosecution to produce those witnesses as soon as possible. 

Upon a request by the defence, the court also recommended that the prisons’ director was to afford the accused all medical care necessary for his health condition. 

Pavia’s alleged partner in crime was arraigned next. 

The 18-year-old youth had been identified by prosecuting inspector Jeffrey Scicluna who had had a previous case with the suspect. 

The driver of the blue van had called for Grech at Marsascala and footage from that area showed the teen, all in black, carrying a helmet and a container waiting for the van. 

The teen was identifiable, said the prosecutor. 

Upon arrest, Grech had cooperated fully.

On Thursday, he was charged with willfully setting the car on fire and with willfully damaging third-party property. 

Two charges related to breaching a previous court order and relapsing were withdrawn by the prosecution since the case they related to was still subject to appeal. 

After consulting his lawyer, Jason Grima, Grech registered an admission.

His lawyer also requested a pre-sentencing report and that request was upheld by the court. 

Protection order issued in respect of car owners

A protection order was issued in respect of the victims, namely the car owners. 

A request for bail was objected to for fear that the youth could commit other offences. 

Grech had “a phenomenal record for an 18-year-old,” argued AG lawyer Joseph Camilleri Azarov, adding that his “trustworthiness was totally non-existent”.

Moreover, since the accused did not work and was not studying, the means of supporting himself were questionable. 

The defence lawyer rebutted that the accused had fully cooperated and was willing to testify against the alleged mastermind.

Granting him bail would be a test for him to prove that he could abide by court conditions and that would be taken into account for punishment purposes. 

“That would place the ball in his court,” argued Grima. 

The request for bail was upheld against a deposit of €1,000, a personal guarantee of €9,000, signing the bail book three times weekly and under a curfew between 8pm and 7am. 

AG lawyer Joseph Camilleri Azarov and Inspectors Mario Xiberras and Jeffrey Scicluna prosecuted. Lawyers Michael Sciriha and Roberto Spiteri are counsel to Pavia. Lawyer Jason Grima is counsel to Grech.