Bona murder | Jury retires to deliberate

Mr Justice Anthony Mizzi has completed his summing up of the facts and arguments of the trial of Allan Galea this morning, before sending the jury to deliberate and return a verdict.

Galea is accused of the murder of loan shark Anthony Borg ‘il-Bona’, in 2010. Galea’s defence has argued that he had acted in lawful self-defence when he stabbed Borg in the Marsaxlokk village square because he knew that sooner or later, Borg would inflict violence on him or his loved ones. It also emerged that Borg had fired shots from a pistol in the moments before his death.

“That which you feel in your heart you must keep in your heart. Here you must make decisions with your head, dispassionately. There is no question of miskin or not miskin.” There is no room for sentiment, warned the judge gravely.

Over the course of his summing up, which has taken the past two days, the judge explained the various arguments brought by the defence: self defence, excess of self defence and provocation.

“The argument of the prosecution is that Galea wanted to kill Borg”, the judge said. “This is why he took the knife. This is the beginning and end of the prosecution’s arguments.”

“The prosecution’s argument is linear and simple. The point of departure is that there was no self defence.  However, correctly, the prosecution gave its reasons stating why the defence’s arguments were not to be accepted.”

Mizzi pointed out that the two arguments, of the prosecution and the defence, are diametrically opposed.

“The defence is saying that Galea was acting in self-defence. But if you do not think this is the case, it is asking you to find that he acted in excess of self-defence. Failing that option, there is the third line of defence, which is provocation by a crime punishable by over a year in prison.”

The judge urged the jurors not to allow personal sentiment to cloud their decision.

He asked the jurors to go over the evidence and reach their decisions in a reasoned manner.  “Good evidence follows a logical path,” explained the judge. “Stick to the evidence before you.”

 “If you think the prosecution has proved its case, you must find the accused guilty. If you agree with one of the lines of defence, you must return an appropriate verdict.”

The jury has now retired to deliberate.

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 family of the deceased.