Updated | Deferred prosecution for murder suspect draws protest from defence

A man who assisted murder suspects Jason Galea, 39 and his half-brother George Galea, of burying the corpses of Mario Camilleri, aka ‘l-Imniehru’, and his son Mario junior in his field in Birzebbugia, has been granted witness protection under the Police Act.

Alfredo Attard was said to be terminally ill, and will now be allowed to testify against the principal murder suspects, after his Qajjenza field was used to dispose of the bodies of the Camilleris in August 2013, and before that in 2012, taxi driver Matthew Zahra, of Valletta.

Jason Galea and Ronald Urry are facing separate murder charges for the murder of Zahra.

The measure is considered to be unique, police sources told MaltaToday.

Prosecuting inspector Chris Pullicino told the court that the police had informed the Attorney General that Attard was terminally ill. “He is a very important witness in these proceedings and others. The Attorney General issued a WPP (witness protection programme) certificate,” the inspector said.

Article 81 of the Police Code grants protection to witnesses who took part in a crime for which others are being prosecuted.

Specifically it grants protection to witnesses by not prosecuting them for the crime while they are testifying against the principal or accomplice in the murder case. The witness may still be prosecuted, but the court shall take into due account his evidence to mitigate the punishment against him.

The protected witness must prove to the satisfaction of the court that his evidence has helped the police, allowing the punishment for such crime to be diminished by one or two degrees.

Magistrate Antonio Micallef Trigona continued hearing the compilation of evidence against Jason Galea and George Galea, charged with the ‘Imniehru’ murders of 2013, where Mario Camilleri was first shot in the head and buried in a shallow grave; before stabbing his son Mario to death after the latter arrived on the scene of the crime.

The witness protection granted by the Attorney General grants Attard the right to testify without being cautioned, in full knowledge that he cannot be charged in connection with his evidence.

“We thought of charging him with illegal burial of corpses and hiding of  evidence, but when we learnt he was terminally ill we requested that he is placed under the witness protection programme. He was not aware of our request,” the prosecutor said.

When the inspector explained the immunity handed to Attard, the court erupted in chaos.

Jason Galea, the accused, shouted that the court should be ashamed of protecting a man who exhumed a body and burnt the remains. Magistrate Micallef Trigona warned the accused and proceeded to throw him out of the hall.

Further disagreement was voiced by defence lawyer Gianella de Marco. “For 13 months the court was fed lies about the difficulties to summon Attard to testify, while in reality steps were taken to amend the law so that he could be protected,” the lawyer argued.

De Marco said the law was amended in March to accommodate such instances of immunity. “We are denying the courts the power to protect citizens. Laws are being amended to accommodate particular people. This is how this country is being led – the courts are no longer a shield for the honest citizen, but are being manipulated to act as protectors of the administration’s needs,” defence lawyer Joe Giglio argued.

But the magistrate ruled that the defence had to seek redress elsewhere “I don’t want to hear arguments about the immunity. Stop arguing over it or I will fine you,” Micallef Trigona said.

Inspector Pullicino then asked the court to take action against Galea’s outcry, with defence counsel Joe Giglio interjecting to say that the accused had a right to take umbrage. “Why don’t you tell us what investigation is ongoing about paint thrown on the accused’s facade this morning?” Giglio said in an emotive reaction.

The case is ongoing. Alfredo Attard is expected to be the next witness.