"This is not a trial for attempted homicide" - defence

The address of prosecutor Lara Lanfranco came under fire from the defence counsel who argued that the accused is presumed innocent until proven guilty and. irrelevant of what prosecutors say. people have been acquitted in trials.

Defence lawyer Edward Gatt this morning is delivering his opening address in the trial by jury of Pasqualino Cefai, 39, of Zebbug, Gozo, who stands accused of attempting to murder Joseph Portelli, grievously injuring Portelli and lawyer Kevin Mompalao, causing more than €1,400 in damage inside the courtroom, being in possession of a penknife without a police licence, breaching bail conditions, committing a crime during a suspended sentence and relapsing.

In his opening address to the jurors, Gatt said that in her speech the prosecutor said that the Attorney General is certain of a man’s guilt when drawing charges. “However that guilt needs to be proven at court, and beyond reasonable doubt. There were various instances where the accused was acquitted at trial”, the lawyer said.

The defence counsel continued that the accused had no intention of killing Joseph Portelli. “Nobody intervened during the attack. No one stopped him. He left the hall unhindered. If he had the intention of killing Portelli he would have concluded what he started, instead he stopped on his own accord”, the lawyer said.

Gatt substantiated his argument by quoting from the evidence of lawyer Jean Paul Grech, who said he saw Cefai run out of the hall, his tie bloodied, but when he entered the courtroom it was deserted apart from the victim.

“This is no attempted murder. There was no intention to murder. My client was alone with Portelli – if he wanted to kill him he would have finished it. Nobody tried stopping the attack, and then there was nobody left in the hall to stop Cefai from killing Portelli”, the lawyer said.

“If anyone wants to commit a murder, would he do it under the eyes of the court? They might as well have kept him there and tried him -  he was already in a suit”, Gatt argued.

The investigators also failed to prove the reason why Cefai carried a penknife. “There is still a culture of people, particularly those working in agriculture, of carrying a penknife. Is this right? Certainly not, because if something had to happen, the penknife would put you in deeper trouble.

"However, no one has proven that Cefai carried the penknife with the intention of killing Portelli. Maybe to inflict injuries, yes, but definitely not to kill him”, the defence councel said.

This was also proven when from 15 stab wounds, 13 could be described as slash wound laceration, while only two were stab wounds. Only two of the wounds penetrated the body cavity, incurring serious injuries.

“What stopped Cefai from inflicting 15 stab wounds? Where was his intention in killing him? What stopped him was the lack of murderous intent – his intention was to hurt Portelli, not kill him. I’m not saying he should not answer for his actions, but don’t burden him with what is not his.

"Here and now I accept that his crime was inflicting grievous injuries - the scarring on his hand and the two wounds which penetrated the cavities.”

“The Attorney General wants to convince you of the intention of murder but even the forensic evidence in this case says otherwise. The truth is that Cefai has committed a grievous injury while blinded by passion. That is his guilt. That is what he has to answer for. Any other verdict would be denying this man justice”, the lawyer said.

The trial started on Monday. In yesterday’s session, the prosecution concluded the evidence. This morning the defence lawyer Edward Gatt will continue his address, followed by any witnesses summoned by the defence counsel.

The prosecution is led by lawyers Lara Lanfranco, Gianella Buttigieg and Vinciene Vella from the Attorney General’s office, while Edward Gatt and Mark Vassallo are appearing for the accused.

Mr Justice Michael Mallia is presiding.