Court expert in murder case was not given all the evidence

Court expert confirms gunshot residue was found on accused's clothes but argues that he was not given the clothing of the victim and could not know if the two men were involved in a fight when the weapon went off

As the compilation of evidence against Godwin Scicluna continued, British court expert Chris Moyneham explained he was only given the accused’s clothes, limiting his ability to come to conclusions about what the accused and the victim were doing before the murder weapon was dischared.

“It would have been better if I was given the two sets of clothes as we could have a better image of what transpired between the two men,” the witness said. If the victim’s clothes were found to contain gunshot residue, it could mean that the two men were engaged in a physical fight when the shotgun went off.

Moyneham confirmed that his findings showed that the accused was either holding the shotgun or very close to it when it was discharged. “Gunshot residue can remain on clothing for up to 24 hours, however it can be found after an indefinite period if the items are not moved. “My report reads that there is a good possibility that it was Scicluna who fired the weapon, however this is not necessarily a fact set in stone,” he said.

On 27 October 2013, Scicluna, 52, allegedly shot dead 61-year-old Joseph Caruana following an argument which broke out between him and his former partner and mother of four children, 27-year-old Maria Simone Caruana. The murder took place in the Caruana home.

The young mother and her three-year-old daughter were both seriously injured in the incident. The accused is facing eleven charges, including the 2003 theft of the shotgun used in the murder. After Scicluna was arrested by an off-duty police officer - also his neighbour - the shotgun was found in pieces at the residence.

Next on the witness stand was doctor Carlo Refalo who confirmed he had medically examined and certified the injuries sustained by Maria Simone Caruana and her daughter. “The three-year old had cuts and fractures in the palm of her hand. The mother had suffered cuts in her shoulder, face and breasts.  A CT scan revealed the woman had blood in her lungs. Lead pellets were found on both patients”, the doctor said.

At the end of the sitting, police officer Fredianne Azzopardi recounted how the accused’s former partner had filed a police report claiming that Scicluna had gone to her house, insulted her and threatened to kill her. “When I asked her partner for his version he remained silent. However I filed the report against both of them as both were involved in the fight and charges were issued against both,” the officer said.

Inspector Keith Arnaud prosecuted while lawyers Lucio and Michael Sciriha appeared on behalf of the accused.