Qormi murder: Accused handed suspended sentence after jury decides he acted through self-defence

Stephen Caruana, who was accused of killing his wife’s lover has been handed a suspended sentence based on the unlawful use of the firearm, and not the homicide itself.

The jury delivered an 8–1 not guilty verdict following a trial that began last week.

Caruana was acquitted from the charge of wilful homicide after his lawyers argued self-defence.

Article 224 of the Criminal Code bears instances of actual necessity of lawful defence, whereby no offence is committed where the homicide or bodily harm is committed in the act of repelling, during the night-time, the scaling of enclosures, and other instances.

According to the accused’s testimony the night of the murder, Caruana stated that he did not know the identity of the victim, but was aware that he had fired a shot at a man. When recalling the events prior to the murder, he had fallen asleep and realised that all the lights were switched off and assumed that his wife had gone to sleep.

At that moment, he heard a noise but was unable to identify its source. He switched on the downstairs corridor light, observed nothing unusual, and turned back with the intention of leaving the area. It was then that he heard the sound of running footsteps, followed by the terrace door slamming shut.

The accused stated that he loaded the shotgun with a number of cartridges, went upstairs, and switched on the corridor light by the staircase. He then heard a voice addressing him and speaking to him, but he could not understand what was being said due to being startled.

He turned in the direction of Neville, pulled the trigger, and fired.

Late on Wednesday, the jury found Stephen Caruana not guilty of homicide, and no punishment was imposed in relation to the murder itself. However, the accused was sentenced to two years imprisonment, suspended for four years, and a €3,000 fine for making unlawful use of a firearm.

During the trial, certain testimonies were not delivered in open court, due to the sensitive nature of the case.

Some witnesses who took the stand included Caruana’s brothers-in-law and his wife’s father, Joe Gaffarena. Gaffarena was the first person Caruana called after he fatally shot Baldacchino, firmly stating that the accused told him: “I killed someone on the terrace.”

While addressing the jury, Madam Justice Consuelo Scerri Herrera reminded the jurors hat a witness’s testimony may be accepted in full, in part, or rejected entirely, and that the rule on hearsay applies when a witness recounts what another person allegedly said, although it does not apply against the accused himself.

The judge also reminded jurors of the gravity of their decision, the fundamental principle of the presumption that one is innocent until proven guilty, and stressed that the charges had to be proved beyond reasonable doubt.

During closing submissions, the prosecution argued that the killing had been premeditated, while the defence maintained that their client had been taken by surprise and acted out of fear upon discovering another man inside his home.

After 17 years, Stephen Caruana has now been handed a suspended sentence bringing the trial to a close.

Madam Justice Consuelo Scerri Herrera presided over the trial.

AG lawyers Francesco Refalo and Shelby Aquilina prosecuted.

Defence lawyers Giannella De Marco and Charles Mercieca appeared for the accused.

Lawyers Edward Gatt and Mark Vassallo appeared for the victim's relatives.