Court appoints medical expert to assess victim for interrogation

Victim in attempted murder case was not in a condition to testify or undergo questioning on Thursday, the court heard

A medico-legal expert has been tasked with determining whether the alleged victim in an attempted murder case is fit to undergo interrogation, following a court directive during proceedings on Thursday.

The case revolves around 72-year-old John Oliver Kane, who stands accused of attempting to murder his 70-year-old neighbour in an altercation earlier this month in St Paul’s Bay.

Kane, an English national, has denied the charges, which also include causing grievous injuries.

During the sitting, a defence witness testified in support of a pending bail application. The witness, a woman who has known Kane for 17 years, offered to house him and his partner at her residence in Balzan should he be granted bail.

“We understand the situation, and John cannot return to his house in Qawra. We are offering temporary accommodation until they can find an alternative,” she said.

The alleged victim was expected to testify during the hearing, but Inspector Kurt Colombo Zahra informed the court that the man was not in a condition to testify or even undergo questioning. The court heard that the victim remains in a delicate state, both physically and mentally, following the altercation.

Inspector Italo Mizzi testified that the victim, recently discharged from hospital, had complied with a request to visit the Qawra Police Station. “He appeared very fragile, clutching his stomach. I suggested we speak on the ground floor as there are no lifts at the station,” Mizzi said.

Mizzi recounted how the victim, still recovering from his injuries, broke down during the attempted interrogation, describing recurring flashbacks of the accused striking him. The interrogation was halted, and the victim was referred to the Victim Support Agency for assistance.

In light of the victim’s condition, the prosecution requested the appointment of Mario Scerri to assess whether the man is fit to testify and undergo questioning. The court granted the request and instructed the prosecution and investigators to facilitate the medical examination.

Meanwhile, the defence’s bail application, filed earlier this month, was put on hold pending further developments.

Magistrate Kevan Azzopardi, presiding over the case, adjourned proceedings to Monday, 2 December, when the alleged victim is expected to testify.

The prosecution is being led by AG lawyer Kaylie Bonett and Inspectors Kurt Colombo Zahra and Italo Mizzi. The accused is represented by lawyers Joe Giglio, David Bonello, and Mattea Giglio.