Sant Cassia murder: Judge orders statements by accused to be removed from the case

Statements released by a man awaiting trial for the murder of Baron Francis Sant Cassia in 1988 are inadmissible as evidence, a judge has ruled

Castello Zammitello in the outskirts of Mgarr, where Baron Francis Sant Cassia was murdered in October 1988
Castello Zammitello in the outskirts of Mgarr, where Baron Francis Sant Cassia was murdered in October 1988

A judge has ordered that statements released by the man awaiting trial for the murder of Baron Francis Sant Cassia be removed from the case records.

Judge Consuelo Scerri Herrera ruled that two statements released by Carmelo Camilleri to the police were taken without the accused having spoken to his lawyer.

Sant Cassia was killed in 1988 after he was shot at point blank range on the grounds of his house, Castello Zammitello in Mġarr.

The case was unresolved but while investigating another case in 2004, police identified Camilleri as having been the man who shot Sant Cassia. Camilleri, from Mosta, is alleged to have been paid a sum of money to carry out the assassination. He was 33-years-old at the time of the murder.

Camilleri was subsequently charged in 2006 with the murder of Baron Sant Cassia and is still awaiting trial. In April 2006, he released two statements to the police.

Camilleri first denied involvement and later admitted to the police he was paid to carry out the murder. During the compilation of evidence, the police testified that Camilleri was taken on the site of the murder and showed them how it happened. The description tallied with what police had found on the scene of the crime almost 18 years earlier.

The right to have a lawyer present during interrogation did not exist at the time but the judge ruled this did not automatically mean that Camilleri’s rights were breached. However, she said this could be challenged at a later stage during the jury and in this case the situation was made worse because Camilleri was a vulnerable person.

The judge noted that two psychological evaluations of Camilleri showed that he had a low IQ and although he was able to understand simple questions and reply to them, he was considered a vulnerable person.

Testimony by Camilleri’s immediate family also shed light on years of abuse the accused endured at the hands of relatives and neighbours. He would do what is told and was unable to defend himself and his family.

Given the circumstances, the judge said Camilleri’s statements and a recording made at the police depot were inadmissible as evidence and ordered they be expunged from the case.

Camilleri was assisted by lawyers Jason Azzopardi, Kris Busietta and Julian Farrugia.