Bona murder: Victim took cocaine shortly before his death

Samples taken from the body of Antoine ‘il-Bona’ Borg tested positive for cocaine and indicated that he may have been drunk at the time of his death, according to the medical expert who carried out his autopsy.

Medico-legal expert Dr Mario Scerri exhibited a report of his findings this afternoon to the jury trying Allan Galea, who is accused of Borg’s murder.

Galea, 36, from Marsaxlokk, is pleading not guilty to the wilful homicide of Borg and to carrying a knife in public without a police licence.

Testifying with the help a slideshow presentation, Scerri concluded that Borg died from a stab wound which penetrated his heart, a single stab “in and out” that entered between the ribs and penetrated the pleural cavity and eventually, the heart.

The air of solemnity usually present amongst those being shown pictures of an autopsy was, to a degree, absent today – perhaps an indication of public opinion about the case. Distracted observers seated in the public gallery could be heard chatting and giggling amongst themselves while pictures of grisly death flashed up on the courtroom projector.

A handgun cartridge, which had not been fired was found beside the body. A large kitchen knife was also recovered, bloodied, from a nearby storm drain cover, the court heard.

The jury was shown photos of the deceased body at the scene. Borg was found lying on its back, his arms extended and legs spread-eagled. A white vest, soaked in blood, was visible under his open shirt. He was wearing a gold chain around his neck. Autopsy photographs show a horizontal stab wound in the centre of the deceased’s chest and on his back.

The accused looked down as the more disturbing pictures were displayed, his brow furrowed.

Blood and urine samples from the body tested positive for cocaine and had a blood alcohol level of 100mg/cl. “He had consumed cocaine shortly before his death,” Scerri said.

Scerri had visited the police lock-up where he examined the accused. A photo of Galea’s blood-stained face and half-closed bloodshot eye were also seen by the jury. The accused had suffered a suborbital haematoma – a black eye in layman’s terms – compatible with blunt trauma to the eye and cuts to the back of his head. The injury above his eye was compatible with being punched in the face and not with a fall, he said.

Galea had also suffered elongated bruises to his side and abdomen, compatible with what the  “a series of blows to both sides of his body.”

Scerri commented about the accused’s demeanour during his examination. “He had been in a state of panic, almost hysterical,” he said. “He was very emotional... he was so relieved when he saw a person not in uniform that he almost hugged me.”

The accused had told Scerri that he had been “sure that Bona was going to beat him, so he took a knife with him.” He had told Scerri that when he was around 12 metres away, il-Bona had fired three shots at him and Galea stabbed him twice and that he had nothing to hide. “He said that if he hadn’t done what he had done, it would be his corpse that he would be examining.”

Later, under cross-examination by the defence, he said that he felt the need to caution Galea not to go on.

Scerri had carried out a detailed autopsy on Borg’s remains. The body had a very small a scabbed-over abrasion over his left eyebrow, culminating in a bruise around 4cm long. The skin on his knuckles was visibly and heavily abraded. Scerri also said Borg suffered defensive wounds to his arms, which he said, were compatible with a struggle against an assailant armed with a knife.

On the other hand, the injuries suffered by the accused, Alan Galea, were compatible with blunt trauma delivered by a long, blunt instrument such as a pipe or a truncheon, said the veteran court expert.

Scerri dismissed the prosecution’s suggestion that they could have been caused “by a bear-hug” saying they were too large and fractures would be expected in that scenario. Earlier, Scerri had dealt with the possibility that the bruises could have been caused by a fall. “They could have been caused by a fall, but how many times can one fall in the same way?” He asked. “And on both sides?”

Police found eight notebooks with debtor names in deceased's car

Earlier this morning, the jury was told that police found no less than eight notebooks containing names and debts in the deceased’s car.

Inspector Joseph Mercieca testified that these notebooks supported Borg’s reputation as a loan shark.

Defence lawyer Giannella de Marco cross-examined Inspector Mercieca about the victim’s reputation. The witness replied that Borg had a reputation as a usurer, but insisted that he did not know why the deceased had been repeatedly calling Galea on the day of his death.

“I would hear people talking about ‘il-Bona’ and ‘usury,’ but I never personally investigated any of his cases,” said Mercieca.

He explained that the notebooks, eight in all, had been discovered during a thorough search of the victim’s car. The possibility that the names and amounts listed show who was borrowing money from him was strengthened by the fact that a calculator was also found in the pouch containing the books.

Asked about the outcome of investigations into the motive, the policeman referred to an incident inside the PN club three weeks prior to the murder.

He said that Paul Borg (no relation to the deceased), who was running the club at the time, had told police that the accused had touched a choker worn by the victim. The choker appeared to be of considerable value to the deceased’s family, said the witness, because they had asked the police to give it back to them.

Inspector Mercieca was unable to answer questions as to how il-Bona would recover outstanding debts and said that no investigations had been carried out into whether or not the deceased was in employment.

During a recording of his interrogation of the accused, the inspector could be heard describing the deceased as ostentatious. De Marco repeatedly pressed the witness to elaborate on this point. Eventually, the inspector replied “I didn’t know Borg, but from what I heard, he was a person...capable of taking matters further than most.”

From their investigations, it had emerged that the deceased had called the accused no less than six times in the space of just 15 minutes on the day of the murder. The calls had started whilst the accused had still been in the PN club.

Paul Borg, the PN club’s barman and administrator at the time, had told police that he had heard il-Bona asking for Galea’s number inside the club. He denied giving him the number himself.

After obtaining the number from somewhere else, he had called up the accused. During the phone-call, the barman said, Borg had become increasingly irate and the barman had decided to close the club, fearing that "someone was about to be murdered."

During the investigation, Paul Borg had explained that Borg had been drinking beer, progressing to vodka mixed with energy drinks before moving on to Sambuca and finally beer again.

Only the first call had been answered by Galea, said the Inspector, the rest being answered by the accused’s girlfriend. The caller had instilled such fear in the woman that she had called the police HQ. A recording of the call, in which a terrified Galea can be heard imploring the police to “run to the PN club,” was heard by the jury today.

The girlfriend had said that in one of the phone calls, Borg had said “get him to come down here, because I’m going to tear him up.”

The deceased and his girlfriend had gone to the party bar at around 2:30pm, where the deceased’s brother, Frans, had been drinking since the morning. Also present was the deceased’s niece’s boyfriend, a certain Clifton.

Clifton had told police that as the accused approached Galea, Galea had started to goad him, inviting him to come closer. He had stabbed the deceased only after two shots were fired and the men had come face to face, the man had said. When they arrived on the scene, the deceased’s family members had directed police towards the accused.

“We went to look for him and found him walking normally in triq San Frangisk.” The constable said that Galea was wearing a blood-stained white t-shirt at the time of his arrest and had been punched in the nose.

“When he spotted us, he stopped and asked us not to beat him… he was not aggressive and gave us no trouble.”

The trial continues tomorrow.

Lawyers Lara Lanfranco and Kristina Debattista from the Attorney General's Office are leading the prosecution, while lawyer Giannella de Marco, Joe Giglio and Steven Tonna Lowell are defence counsel.  Lawyers Franco Debono and Matthew Brincat are appearing parte civile for the deceased's family.

Mr Justice Antonio Mizzi is presiding.