Defendant brawls with alleged victim in courtroom over threat to cut off defendant's head

Security guards had to intervene in court this afternoon, after a fight broke out in a courtroom with the alleged victim threatening to decapitate one of the defendants.

This as the compilation of evidence against Juanito Jimenez, 28, from Hamrun, Hagen Azzopardi, 28, from Msida and Lydon Abela, 21, from Mosta continued before Magistrate Donatella Frendo Dimech this afternoon. 

The three men were recently charged with the aggravated theft of hundreds of thousands of euros in cash and gold items from the apartment’s occupants. The men were also accused of conspiracy to commit theft and handling stolen goods. Jimenez alone is additionally  charged with money laundering.

Carmel Gauci told the court that the three men had stolen €150,000 in cash which he had stashed away in a hiding place around the apartment.

He recalled how on 4 March this year, he had returned home to find his apartment main door forced open. Upstairs, he had found his flat’s front door lifted off its hinges. He had hidden the money behind a tile on the ceiling of his balcony, he said. Only Gauci and Lydon Abela knew about this hiding place, he added.

The table and chairs had been moved to allow access to the hiding place, which he found to be empty, he said.

“We had been robbed before, two years ago. We had not filed a police report because we suspected Tyron or his mother to have robbed us. At the time Tyron used to date my daughter.”

He explained that he would keep €70,000 in a metal tin and another €70,000 in another container, together with another €10,000 worth of gold in the hiding place.

The majority of the money was his, he said. €90,000 and the gold belonged to me,with the rest divided between his children.

Gauci said he did not use banks because he feared his wife would freeze his accounts and this would disrupt his plans to purchase a property.

Asked by the court how he ended up in possession of all this money, in large denomination banknotes, he said his parents had donated it to him after selling their house in Madliena which was worth “millions.”

He pointed out Lydon Abela, “I kicked him out of the house about a year and half ago. He took her out of my house, my daughter and took her to Thailand. A 16-year-old girl. On the condition that she doesn’t text me until the plane lands.”

“I couldn’t file a police report. I didn’t want my daughter to be listed as wanted.”

“I don’t think he put a gun to her head,” remarked the court. “He didn’t but he did punch her a few times.” said the witness, adding that a report had been filed at the Mosta police station about the domestic violence incident.

He denied ever showing Abela the hiding place but said he had a right to tell his daughter where the money was. “If I die I don’t want to leave her to starve, or her brother to take everything. I want both of them to have the same.”

Gauci was cross examined by lawyers Franco Debono and Marion Camilleri, who began by asking him his age. “51,” he replied, going on to say that he had been retired for “about 20 years.”

The Court asked him again about how he had made his money. “I’m rich because of my house,” he replied, explaining that the wealth had been donated by his parents. “Everyday they give me donations, whenever I needed money they gave me money.”

The house in question was sold four years ago, he said. “The money was given to me before, after and till yesterday,” he insisted. “They robbed me of everything.”

The witness said he wanted to build houses and flats for his children, before confirming, in the same breath, that he lived off his parent’s money. His parents were still alive, he told the court.

Tyron Gauci, his son also testified, telling the court that Lydon Abela knew about the hiding place “for sure.” This was because Gauci would count the money while Abela was present in the flat, he explained. “He was always looking…You don’t need to go to school to understand this.” He confirmed that the money was not insured.  “My sister caught him looking. He knew where my hiding place is. He would always tell her ‘your brother is hiding them somewhere.’”

Cross-examined by Abela’s lawyer Arthur Azzopardi about whether he had ever told the police or his lawyer about his sister catching Abela looking at the money, he said he hadn't. 

Asked why Gauci replied: “if she made a mistake, she is still my sister. I can never fight with my sister.”

Azzopardi asked why he had revealed this in court today, then. “Because €150,000 of my family’s money was stolen.” Gauci confirmed that he hadn’t told the police this detail.

The sister, Thea Gauci, also took the stand today. She confirmed that she had caught Abela one night, standing on a chair touching the money in the hiding spot. This was at the beginning of their relationship, which had ended two years ago, she said.  “I asked him what he was doing. He said nothing, closed the door and went back on the couch.” “I didn’t tell anyone about it [the incident].”She denied telling Abela where the money was hidden, suggesting that he might have heard her brother talking about it.

As the sitting drew to a close, a scuffle broke out between Carmel Gauci and Jimenez in the courtroom. Gauci had passed a comment under his breath, threatening to cut off Jimenez’s head and Abela had shouted back at him, telling him to cut his head off then “if he was so brave.”

The two men were pulled away from each other by their escorting prison guards. They were both fined €500 for contempt of court.

The court ruled that it had seen sufficient prima facie evidence for the accused to be indicted. A decree on a bail request made by the accused will be issued tomorrow.

Inspectors Joseph Mercieca and George Frendo prosecuted together with lawyer Sean Xerri de Caro from the Office of the Attorney General.

Lawyers Franco Debono and Matthew Xuereb appeared for Jimenez, whilst Debono and lawyer Marion Camilleri represented Azzopardi in the proceedings. Lydon Abela was assisted by lawyer Arthur Azzopardi.