A man, who received a “mighty blow” from one of two suspected ‘hitmen’ allegedly commissioned by his former son-in-law, testified about the incident which has left him shocked and traumatised. 

Rosario Spiteri, also known as Louis, took the witness stand on Monday against Matthew Joseph Schembri, 37, and Albanian nationals Xhovano Ndoci, 23, and Agostin Marku, 23, who are facing charges over the June 16 assault.

The 62-year-old described how, at around 7am, he headed towards the Qui Si Sana promenade for his routine morning jog, planning to go round the perimeter of the Bonello Dupuis Garden before heading back towards St Julian’s. 

He spotted two men, seated on a bench facing the sea.

Although total strangers, Spiteri recalled the presence of the same pair in that area, if not at the same bench, the day before.

He remembered seeing the men there whilst doing an eight-kilometre run around the perimeter of the garden on Wednesday, he explained. 

On the day of the incident, as he aproached their bench after circling the garden some four times, “the bearded man,” suddenly got up and stood in Spiteri’s path.

As he moved sideways to go past, the bearded guy turned suddenly and punched him straight on the left cheekbone and jawline.

Agostin Marku, one of the two alleged attackers, claims he was commissioned to assault Spiteri. Photo: Chris Sant Fournier

Knocked over

“It was a mighty blow (daqqa papali),” Spiteri told the court, adding that he was knocked over completely and sent rolling down a grassy slope.

As he rolled down, he caught a glimpse of his aggressor’s expression.

“His look was super vicious,” said the witness, identifying both men in court, sitting next to his former son-in-law.

As the victim began to shout for help, the two suspected aggressors fled.

“Help! Help! They hit me for nothing…Look those two. Stop them! Help!”he yelled, attracting the attention of a group of passersby.

Two of that group gave chase, while Spiteri himself got up and walked towards Tower Road where he met a police car.

Shortly afterwards, police were alerted to the arrest of one of the suspected ‘muggers’ by the persons who had heeded Spiteri’s cries for help. 

10-inch knife

The suspect was handcuffed while face down on the ground and then, just as he got to his feet, a knife fell out of his t-shirt.Asked by presiding Magistrate Nadine Lia to describe that weapon, Spiteri said that it was a “thin knife some 10 inches long.”

“Was it a table knife?”asked the court.

“No way,”replied the witness.

The prosecution subsequently confirmed that the knife had not been used at all during the incident and not even when Ndoci was arrested by civilians.

Xhovano Ndoci, right, was arrested with a knife. Photo: Chris Sant Fournier

Ndoci later told police that he had taken the weapon along just in case he needed it for self-defence.

Spiteri reckoned that he could have fared much worse.

“Thank God I didn’t strike my head on the pavement. Or that I did not react and grapple with them. They had a knife….It is scary,” explained the man who also pointed out that although since that day he went running some three times, “the trauma and the shock remained.”

Just brushing past someone on the street, triggered unease, he told the court.

Although originally, police handled the incident as a suspected mugging attempt, further evidence pointed investigations in a different direction.

The suspected muggers had made no attempt to snatch their victim’s mobile phone which was strapped to his arm.

After arresting the first suspect, Ndoci, police noted various calls from a particular number to the arrested man’s phone.

Those calls led investigators to the second suspect who had managed to get away after the attack.

That other suspect was Marku, Ndoci’s flatmate, who was subsequently arrested at the duo’s apartment on Manwel Dimech Street, Sliema. 

Instructed to attack

Under interrogation, both denied that it was a robbery, saying that they had been specifically instructed by a Maltese man to attack the jogger.

But both refused to divulge the third man’s name, insisting that they “feared him and the consequences they might face,” Inspector Lydon Zammit testified. 

According to Marku, the man had instructed them to “beat and hurt” Schembri.

Ndoci was more collaborative, confirming that it was Schembri who had spoken about his family problems, shown him a WhatsApp photo of the alleged victim and shared details of his routine jog.

One day, Schembri had allegedly driven Ndoci to Spiteri’s residence and had also supplied details of the alleged victim’s car make and number plate.

As police pieced this evidence together, Schembri was also targeted by an arrest warrant as the suspected ‘mastermind’ who commissioned the attack which was no longer considered as an attempted mugging.

Matthew Schembri is accused of commissioning the attack on his former father-in-law. Photo: Chris Sant Fournier

All three suspects were arraigned and remanded in custody after pleading not guilty.

After hearing today’s witnesses, the court declared that there was sufficient prima facie evidence for the accused to stand trial.

That decree was contested by Schembri’s lawyer, Arthur Azzopardi, who argued that the prosecution’s evidence against his client was inadmissible since it rested upon an alleged accomplice’s version. 

However, the prosecution rebutted that the alleged ‘conspiracy’ was clear since the Albanian men had no idea of the victim and had acted upon information supplied by Schembri.

Finally the court also heard submissions on bail on behalf of Schembri and Ndoci.

A decision is expected to be delivered in chambers. 

Inspectors Lydon Zammitand Jonathan Ransley prosecuted.Lawyer Arthur Azzopardi was counsel to Schembri.Lawyer Joe Brincat was counsel to Marku.Lawyers Veronique Dalli and Dean Hili were counsel to Ndoci. Lawyers Matthew Xuereb and Alex Scerri Herrera appeared parte civile.