Jury hears accused's testimony in aggravated theft case

The trial of 25 year-old Jonathan Felice – named after the court lifted a ban on publication - continued today with the accused testifiying in court.

Felice was indicted on charges of attempted theft aggravated by violence, inflicting grevious bodily harm on an 81-year-old Qormi woman and restraining her against her will after breaking into her residence with two other men, some 8 years ago.

The accused is denying all charges.

Felice told the jury that the victim, Dolores Debono, must have mistaken him for someone else, due to the fact that she first said that she doesn’t know who he was and later picked him out in photographs.

Had he been the one who broke into her residence, said Felice, she would have recognised him immediately as he used to play in the road outside her house as a child.

There was some disagreement on the testimony of expert witness Mario Scerri, who had told the court that the woman had told him that two burglars wore masks and the other covered his face with what may have been a balaclava.

When this testimony was exhibited by defence lawyer Leslie Cuschieri, the prosecution retorted that this had never been said or was being misinterpreted. Cuschieri suggested that the victim had not been consistent in her testimony regarding the face coverings of the burglars.

Later on in the day, the testimony of the victim, which was gathered during the compilation of evidence, was also read out to the jury. Debono was not asked to testify due to her advancing years and frail health.

Her testimony revealed that she had recognised one of the three burglars who entered her Qormi residence, saying that she had insisted to the police that one of the men was wearing a baseball cap and the others were wearing masks.

She told the police how the three men forced their way into her home during the afternoon of 27 June 2006, explaining how one held her down, injuring her, while the others ransacked the house.

The accused faces a minimum of nine months to a maximum of nine years behind bars if found guilty of causing permanent disability, however the more serious charge of theft aggravated by violence carries a 12-year maximum sentence.

The prosecution has rested its case and the trial is expected to be over in the coming days.

Superintendent Carmelo Bartolo and Inspector Daniel Zammit conducted the investigation.

Lawyers Nadia Attard and Giannella Busuttil from the office of the Attorney General led the prosecution.

Lawyer Leslie Cuschieri appeared for Felice.