Zebbug man re-arraigned over involuntary homicide

Joseph Muscat, 55, of Zebbug was today re-arraigned over the involuntary homicide of Victor Refalo.

Muscat was previously charged with grievously injuring his then-colleague, but is now facing fresh charges of involuntary homicide after the victim succumbed to his injuries days after the incident. The case dates back to last December when the two men, at the time colleagues, returned to the main square of Zebbug from their office's Christmas dinner.

Three police officers took the witness stand saying at around 5:30 pm of December 24th they were informed of a man laying on the ground between two vehicles. Arriving on the scene police constable Tonjoe Farrugia saw the victim's daughters Raisa and Angele who claimed a certain Joseph Muscat had argued with their father and threw him out of his van. An ambulance was already on site and took Refalo to hospital. Refalo was noted to have a 3 inch lesion over his eye.

At the scene of the crime, the police spoke to the accused who they believed was under the influence of alcohol. Stuttering and in a confused state, Muscat told officers he and Refalo went to a Christmas dinner organised by work colleagues. The two rode back to the village square in Muscat's car. The victim allegedly insisted with Muscat to being driven home, and an argument ensued when the latter refused. A scuffle broke out between the two men inside the van. At one point Muscat threw the other out of the van's door.

While talking to the police, Muscat kept insisting that a certain Lippu ta' Mona had assaulted him and broke his shoulder. The officers walked the accused to the station where he was offered coffee and medical assistance which were refused.

Sergeant Weatherill recalled how the accused was aggressive towards the officers and kept swearing and shouting he was in pain. "Finally we had to almost force him into an ambulance which took him to hospital. Medical checks revealed he had his shoulder dislocated", the officer explained.

Doctor Ryan Camilleri, detailed at the Accident and Emergency Department at Mater Dei, was on duty when both men were taken to hospital. Preliminary checks revealed Muscat had a dislocated shoulder, however a CT Scan confirmed Refalo was suffering from intra-cranial haemorrhage. "He was lethargic and confused. The patient was referred to a Neurosurgeon and admitted in Intensive Care. I later found out he was in danger of losing his life", the doctor stated.

In the early hours of December 25th , Inspector Joseph Agius ordered the arrest of Joseph Muscat after being informed by medics that Refalo was in danger of losing his life due to grievous injuries. Muscat was arrested outside the St Philip's Bar in Zebbug. During his arrest he argued with the officers if Lippu ta' Mona was also arrested and prosecuted. Sergeant Weatherill, asked Muscat about what had transpired the previous day as the details he had given them after the incident were inconsistent. The accused released a police statement saying blows were exchanged inside this van and when he managed to throw Refalo out of his car, the victim banged his head on the floor. He locked up his vehicle and went home. Realising he left his cigarettes behind, he returned to the car where he was assaulted by a man he called Lippu ta Mona. From investigations it resulted Lippu ta' Mona was the boyfriend of the victim's daughter.

Muscat was originally arraigned on Boxing Day over charges of grievous bodily harm. however on the night of December 27th Refalo passed away and the charges were changed to include involuntary homicide.

In his evidence prosecuting Inspector Agius said that the pathologist confirmed Refalo had died due to cranial fractures following blunt force trauma.

Magistrate Aaron Bugeja is presiding.