Rabat Kidnapping: defence claims alleged victim attempted to contact accused's partner during proceedings

One of the men charged in connection with an alleged kidnapping in Rabat last January has claimed in court that the man he is accused of abducting, had recently been attempting to contact his partner on social media. 

This emerged as Magistrate Monica Vella continued to hear evidence on Tuesday afternoon, as the compilation of evidence against the owner of No Deposit Cars Malta, 28 year-old Christian Borg, and his associates Thorne Mangion, 27, Tyson Grech, 26, Burton Azzopardi, 20, Jeremy Borg, 20 and Luke John Milton, 25 continued. 

The men stand charged with abduction, with Christian Borg being also accused of recidivism, Burton Azzopardi with breaching two bail decrees and recidivism and Jeremy Borg with recidivism, breaching bail and the conditions of a suspended sentence.

Lawyer Matthew Xuereb, representing Luke Milton, had filed an application this morning, noted the court, asking Xuereb to explain its contents. “Mr. Milton is prepared to testify that the parte civile had approached his girlfriend on social media.”

The lawyer also requested the court issue a protection order in the woman’s regard. The magistrate ordered that the application be served to the police, AG and parties in order to reply. The request will be decreed in camera.

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Prosecuting police inspector Roderick Attard gave a brief account of how the investigation into the abduction of Carlos Schembri had started, describing how a battered and bruised Schembri had gone to the Paola police station to report having been kidnapped.

He told the police that he had been working on his silver Mercedes in Rabat, when a Peugeot Traveller van had pulled up and the five accused men had alighted from it and bundled him into the van, after a violent struggle.

“He knew all of them by name,” said the inspector, adding that Schembri had worked with Borg and Milton in the past. Schembri, who testified previously, told the court that he had been punched and kicked by the accused inside the van. After the alleged kidnappers had transferred him into another van, Schembri had managed to escape from the van in Paola, after his captors stopped at a petrol station to refuel.

The inspector said that he had gone to inspect the Schembri’s garage, where the incident had allegedly started and had confirmed that no items had been stolen from the garage.

Schembri’s version was later confirmed by corroborating CCTV footage, the inspector said.

Investigations revealed that the alleged abduction was linked to a report filed by Joseph Camenzulil at the Paola police station on the same day, regarding vehicle parts which had been discovered inside a garage.
The inspector testified that when summoned to the police station for questioning, Christian Borg had arrived carrying Schembri’s phone, which he claimed contained evidence that showed Schembri to have been involved in the theft of a van.

After Borg handed over Schembri’s phone to the police, his own mobile phone was also taken into evidence. Borg was then informed that there was a warrant for his arrest and was arrested.

He refused to answer any questions during his interrogation, said the inspector.

Inspector Attard exhibited judgments in criminal cases from 2017 and 2019, in which Tyson Grech was the defendant. He also deposited call profiles relating to Schebri’s sister Martina, Tyson Grech, Carlos Schembri, Burton Azzopardi and Christian Borg.

Defence lawyers Michael Sciriha and Giannella de Marco, dictated a minute in which they reserved their position at law with regards to the phone evidence exhibited today, warning that “it could emerge, if it hasn’t already emerged, that these exhibits could cause Constitutional breaches.” Lawyers Franco Debono and Jason Grima followed suit with similar reservations.

The court was also handed a pen drive given to the police by the victim’s sister and exhibited during her testimony, in a previous sitting against Milton.

Lawyer Matthew Xuereb demanded that the prosecution explain to the court what was contained on the pen drive. The magistrate informed Xuereb that the witness had previously testified and exhibited the pen drive, but as there was only one copy, it was being kept in the acts of the case against his client.

The magistrate offered to open the file now “and spend 20 minutes watching a video,” but the lawyer specified that he was only interested in screenshots of call records, which the drive contained. 

The court asked prosecuting lawyer Karl Muscat from the Office of the AG to take out the memory stick and bring up the two screenshots on the court’s TV screen. “I’m not seeing Luke John Milton anywhere,” observed Matthew Xuereb, looking at the images on the court’s big screen. “Maybe he was saved under a different name,” replied the court.

Milton had filed an application this morning, noted the court, asking Xuereb to explain its contents. Milton is prepared to testify about this, saying the parte civile had approached his girlfriend on social media.

The lawyer also requested that a protection order be issued in the woman’s regard. The court ordered copies of the application be served on the police, AG and the other parties in order for them to reply. 

The court set up a hearing on Wednesday, specifically to hear submissions on this application. 

The case was adjourned to July 22.

Inspectors Roderick Attard and Sarah Kathleen Zerafa are prosecuting, together with lawyers Karl Muscat and Francesco Refalo from the office of the Attorney General.

Lawyers Giannella de Marco, Gianluca Caruana Curran, Michael Sciriha, Franco Debono, Matthew Xuereb, Jason Grima, Christina Sutton and Stefano Filletti are appearing for the defendants.

Lawyer Shaun Zammit appeared parte civile for Schembri.