Magistrate hits out at Prosecution, defence over ‘attempts to steal media attention’

A visibly irate Magistrate Vella, said that both parties could "do whatever they like in front of TV cameras outside his courtroom, but should be respectful towards the bench, rather than feel free to hit out at each other with statements only to be reported by the media."

The Magistrate was presiding over the continuation of the compilation of evidence against Kenneth Gafa' 40 of Marsa, who is charged with the murder of Christine Sammut in December 2010.

The argument between Inspector Pullicino and Dr. De Marco erupted when Pauline Fabri, who used to be in the employ of the victim, was summoned as a witness by the Attorney General.

Fabri had said she received a phone call from the accused from prison some days after the murder. She added that she did not go to see him, as not to b implicated in anything.

Gafa's defence counsel alleged that the witness was summoned "capriciously" by the prosecution because she had absolutely nothing to do  with the case, and was never indicated to be part of the evidence against their client.

It was here that Inspector Pullicino reacted to Dr. De Marco's remarks, insisting for the Court to intervene.

While Giannella de Marco apologised for the remark, she said that she only intended to point out the irrelevance of the witness, and the irregularity by which the Attorney General was summoning witnesses to the case.

The same argument was brought up when a representative from Mater Dei Hospital was summoned - also by the Attorney General - to present Kenneth Gafa's medical file.

The file however was refused by Magistrate Vella, who stated that it was not within his power to have the file presented to court if the accused refuses. He stressed that the accused has every right to have his medical records exhibited in court.

Meanwhile, Gafa's lawyers made another claim to have his bail conditions refused, given that he remains in jail 24 months after the alleged murder, because he cannot afford the €15,000 deposit imposed by the court.

Lawyers de Marco and Tonna Lowell said that the court must atke into consideration the fact that an unaffordable bail deposit was tantamount to no bail at all, when it was the accused's right to be granted bail.