Update 2 | Minister’s driver pleads not guilty to attempted homicide, denied bail

Police constable Paul Sheehan will be kept under arrest over charges related to the shooting incident on Edgar Bonnici Street, in Gzira of last week, after Magistrate Giovanni Grixti denied him bail. Sheehan was hospitalised after the court hearing, due to chest pains.

Sheehan is accused of the attempted homicide, intimidation using a weapon, voluntary damage, being in possession of a firearm without good reason during the commission of an offence, discharging a firearm in a public place, causing a disturbance at night, breaching the peace, exceeding the limits of his authority and committing a crime that he was duty bound to prevent.

He has pleaded not guilty to the charges.

Defence lawyer Edward Gatt made an unusual - possibly unprecedented - request to the court, asking it to allow him to examine the prosecuting and investigative officers on issues “that may affect the decision on bail before the prosecution makes its submissions on bail.”

Gatt explained that it was irregular that Sheehan’s arrest took a week to happen, and that a person accused of attempted murder had not had his phone seized as evidence.

“I don’t want the request for bail be taken just because the court has a typewritten A4 paper in front of it. As everybody knows, my client is contending that he has become a political football… the court must know what led to his arrest.”

Gatt suggested that the charges were issued with ulterior motives. “It is not fair for a judge to decide bail on the basis of an A4 paper without knowing why the prosecution took a week to press charges on attempted homicide.”

After deliberating on the matter for some moments the magistrate rejected the request for pre-bail submissions as “not procedurally admissible”.

The prosecution, led by Superintendent Alexandra Mamo, objected to bail saying that a number of witnesses have yet to testify. 

Prosecuting officer Inspector Saviour Baldacchino from the CID added that Sheehan was arrested at Msida police station and released after making a statement to the police. He did not testify under oath to the inquiring magistrate. The police were still collecting evidence for the inquiry, explained the inspector.

The Magistrate corrected Baldacchino saying that the inquiry was closed now that the arraignment has been made and asked the inspector what led to Sheehan’s arrest.

Inspector Baldacchino said that the police investigation did not tally with Sheehan's version, which prompted the arrest on Wednesday morning.

Sheehan's defence lawyer said there was no evidence that his client intended to kill Smith. But superintendent Mamo insisted that there was evidence to back the attempted murder charge.

Inspector Baldacchino also said that Sheehan had requested assistance on an emergency line, which has been recorded. Unidentified sounds in the background of the recording appear to be central to the prosecution’s case.

Sheehan is said to have shot at least twice at the moving vehicle of Scotsman Stephen Smith, who allegedly collided into the ministerial car of home affairs minister Manuel Mallia, when it was parked on Nicholas Cotoner Street, Gzira, while driving under the influence of alcohol.

Sheehan, security driver to Mallia, gave chase and was then said to have shot at Smith while still in the car. He has since been suspended from driving and police duties. Mallia was in Floriana at the time of the incident.

On Monday, Sheehan was hospitalised with chest pain after police carried out an on-site inquiry at the Nicholas Cotoner Street residence where Sheehan's mother lives. Sheehan was said to have been involved in an altercation with his brother.

The incident has put pressure on Prime Minister Joseph Muscat to sack Manuel Mallia, and the Opposition has now moved a motion of no confidence against the minister.