Judge delivers final directions to jury in high-profile Muka and Dragomanski trial

Judge Natasha Galea Sciberras delivered her final directions to the jury on Friday in the criminal trial of Daniel Muka and Viktor Dragomanski.

Speaking to the jurors, the judge reiterated the core legal principles that must guide them in reaching a verdict. She reminded the jury that it is the prosecution, not the accused, who bears the burden of proof. Muka is facing nine criminal charges, while Dragomanski stands accused on three counts.

The judge also acknowledged that Muka had not been present in the courtroom during the trial. She explained that Muka had repeatedly stated he would disrupt proceedings if forced to attend in person, leading the court to order that he follow the trial from a nearby room. The judge stressed that his absence should not prejudice the jury’s assessment of the case.

She informed the jury that Muka has, since November 2023, refused legal aid and has chosen to represent himself. She emphasised the importance of an accused person’s right to remain silent, noting that silence should never be interpreted as evidence of guilt.

In explaining the law surrounding accomplices to a crime, the judge detailed several legal scenarios under which an individual can be found guilty as an accomplice. These include instigating or encouraging a crime, aiding its commission, or sharing a common intent with the principal offender.

Even if the accomplice was not physically present during the commission of the crime, their prior involvement or encouragement may still be deemed criminal under Maltese law.

The judge told jurors to pay close attention to the consistency and corroboration of witness testimony, highlighting the significance of how evidence, particularly from expert witnesses and documents, should be weighed.

Later in the day, the judge turned to the specific arguments raised during the trial. She outlined the defense’s position for Dragomanski, which emphasised that he was unaware a firearm would be used and was furious upon discovering what Muka had done.

On the other hand, the prosecution maintained that Dragomanski had seen Muka armed and referenced Dragomanski’s own statement in which he reportedly told Muka: “Don’t shoot for no reason.”

Deliberations are scheduled to begin on Saturday.