Marsalforn stabbing jury: Court shown fight footage as police testify

Footage linked to the fatal stabbing of Fawaz Najem was shown in court on Tuesday as the trial by jury of Maher Aljasem continued before Judge Neville Camilleri.

Aljasem has pleaded not guilty to the charges.

The sitting opened with testimony from court-appointed expert Max Xuereb, who was tasked with extracting CCTV footage and mobile phone data related to the case. Under cross-examination, he confirmed that he had downloaded all material available online, including videos circulating on social media.

Parts of a video showing the altercation were exhibited in court. Several individuals could be seen, with what appeared to be a builder’s ruler [rigla] being used during the fight.

A dispute arose when the defence attempted to introduce additional footage during cross-examination. The prosecution objected, arguing questioning should be limited to matters raised during the examination-in-chief.

Defence lawyer Peter Fenech insisted the footage formed part of the expert’s report and should therefore be admissible. The court overruled the objection and allowed the defence to proceed.

The footage shown depicted a brief altercation that took place on the morning of the incident.

Police testimony

The court also heard from several police officers who were on duty that night.

One officer testified police received a report of a fight in Triq il-Wied, Marsalforn. On arrival, officers found the accused sitting on the doorstep of a residence with then name ‘Maria’, with visible traces of blood.

Asked whether the blood could be identified, the officer replied he could not determine its origin. He described signs of a violent struggle, including a broken chair and pieces of wood scattered around.

Aljasem appeared injured and in need of medical attention. He was taken to Gozo General Hospital by ambulance, accompanied by police.

Another officer from the Rapid Intervention Unit said earlier patrols had already indicated that an argument had taken place in the area. When officers returned, they again found Aljasem seated outside the residence, with blood visible both on him and inside the property.

Despite the situation, the accused appeared calm, the officer said, noting that he was smoking a cigarette while holding his injured arm.

Searches were carried out in the surrounding area, including a nearby car park and rooftops, but no weapon was found.

Further evidence

Among the exhibits presented was a knife recovered from the scene. A court expert confirmed it was the same item and identified his signature on it, describing it as a silver knife.

However, it remains unclear whether this was the weapon used. The fatal injury was caused by a pointed object, not necessarily a knife. In fact, three knives were recovered from the residence, none of which has been conclusively identified as the murder weapon.

The testimony of one of the accused’s flatmates was also read out in court.

He described the living arrangements at the Marsalforn apartment, where three men shared the residence. He occupied one bedroom, while the accused shared another, and a third person slept in the living area.

The witness said the incident occurred at around 8.30pm on Saturday 7 May 2022. He had just returned from work and was cooking when two men arrived at the door. He recognised one of them as Fawaz Najem, the other was unknown to him.

One of the men was carrying an iron pipe. They asked for Maher, but the witness said he did not know where he was.

Tensions quickly escalated. The witness said one of the men made a threatening remark in Arabic before he was told to move aside and was then assaulted. What began as blows with hands intensified, with the men striking him on the head and shoulders.

He testified that around five or six individuals joined in the attack, beating him until he lost consciousness.

“They hit me everywhere… on my head, my back… I couldn’t resist,” he said, adding that he later noticed bruising across his body.

He described confusion inside the apartment at the time, saying one occupant had been in the bathroom, while he believed Maher had gone upstairs or left. He maintained that he did not know where the accused was when the men arrived.

The witness also recounted a previous confrontation between Fawaz and Maher at a coffee shop, where both men were shouting. At one point, Fawaz allegedly threw coffee at Maher. He claimed Maher was holding a red aluminium object, possibly a rod, and appeared to be attacking Fawaz before others intervened.

Under questioning, the witness suggested tensions may have stemmed from differences between the individuals, referring to divisions between groups or backgrounds.

As proceedings drew to a close, lawyers for the Attorney General noted that only about half of the scheduled witnesses had testified. The court replied that “haste makes waste”[ qattusa għaġġelija frieħ għomja tagħmel].

Fawaz Najem, a 25-year-old plasterer who had come to Malta after fleeing the Syrian civil war, was fatally stabbed during an argument between two groups of Syrian men. He was reportedly trying to intervene when he was attacked and also sustained a serious head injury.

Day one of proceedings

On the first day of the trial, two police officers testified that they found the accused sitting on the front steps of the residence, “Maria”, when they arrived at the scene.

One officer said the apartment door was open, while the other said he could not recall. Both confirmed there was blood on the front steps.

The officers also told the court that Najem had died by the time he arrived at hospital.

Lawyers Angele Vella and Cynthia Tomasuolo are prosecuting on behalf of the Attorney General.

Lawyers Peter Fenech, Elena Fenech and Amy Zahra are appearing for the accused, while Franco Debono and Matthew Xuereb are representing the victim’s family.