Marsa murder | Accomplice in arson attack pleads not guilty

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One of three people thought to have been involved in an attempted arson attack on a residence on 12 February in which 25-year-old Sylvester Farrugia was shot dead, has been remanded in custody after being charged this afternoon.

Aaron Cassar, 37, of Kirkop, appeared before magistrate Joe Mifsud this morning, accused of attempted arson. He was also charged with stealing a Toyota Starlet from Valletta in November last year and stealing number plates belonging to a Toyota Vitz in Luqa, five days later.

Sylvester Farrugia was gunned down in Triq San Pawl, Marsa, in the early hours of 12 February, his body being found hours later, near a car in Triq Simpson. Investigators believe that the victim, together with two other individuals, had tried to set fire to the residence of Deniro Magri.

Magri, 27 of Marsa, is pleading self-defence to charges of wilful homicide in separate criminal proceedings. Farrugia is thought to be one of the arsonists, police having found in his garage evidence linking him to the rags soaked with an accelerant which had been placed against Magri’s door. 

This morning Cassar, who told the court that he was unemployed, pleaded not guilty.

Inspector Keith Arnaud told the court that Cassar had been arrested on the strength of CCTV footage identifying him as the person accompanying the deceased. Forensic evidence obtained this week tied the accused to the scene of the crime. He had been on police bail since 14 February.

Defence lawyer Martin Fenech argued that all the court had was allegations that the police had forensic evidence, the nature of which was not specified. “He has been on police bail for so long and has proved himself trustworthy,” the lawyer said.

Inspector Arnaud objected to bail due to the circumstances of the case, saying that it was true that he was given police bail, but it was only yesterday that he was informed about the evidence. “It would be suicide for the accused to try and touch evidence when on police bail. The fear of tampering with evidence begins after arraignment.”

The court asked whether he had cooperated with the police. “He denied involvement. The only time he said where he was was the first time he spoke to us. The first time we took his statement verbally he said that he was in Birzebbugia, but when we started writing it down he chose not to answer. Yesterday, he refused to answer questions.”

The accused has a heavily blemished criminal record and there was a fear that he would tamper with evidence, the inspector said.

Fenech argued that the crimes his client was accused of were not of the most serious calibre. Two thirds of the charges were related to vehicular theft and registration plates.

“Am I supposed to not to take into account his 13-page criminal record? Is society not to be protected?” the magistrate said.

The court denied bail at this stage.

Lawyers Giannella Demarco,a nd Amadeus Cachia appeared as parte civile for Deniro Magri, and Jason Azzopardi for the family of Sylvester Farrugia.

Lawyer Martin Fenech was legal aid to the accused.