No forensic link to accused in hold-up trial

The jury trial of George Xuereb, accused of taking part in the failed hold-up of a branch of Mid Med Bank in St. Andrews in 1996, entered its third day today with more prosecution witnesses testifying.

Forensic scientists Christopher Farrugia and Mario Mifsud told the jury that hair and blood samples from Joseph Polidano, one of the gang convicted for his part in the hold-up, had matched the DNA found on one of the balaclavas. A foreign analyst had performed the analysis and found a probable DNA match with Polidano from the mouth area of the balaclava.

The report had also indicated that DNA markers from two other, unknown, persons were present on the mask. No hair samples from George Xuereb were tested, however, as none were available at the time.

Defence lawyer Rafael Fenech Adami repeated a summary of Farrugia’s testimony  to him: “One balaclava was identified as belonging to Carmelo Spiteri. The other two, you claim are from two other individuals. However a re-reading of the expert’s report indicates the possibility that there was ‘insufficient DNA… to conclude, that the samples came from two separate persons.’”

Farrugia clarified that there was “insufficient DNA” to create a full profile of the individuals, but the fact that they originate from two different persons is definite.”

Former forensic director testifies

Dr Anthony Abela Medici – the director of forensic lab in 1996 – explained his various roles in the investigation to the jury.

He had analyzed the balaclavas, the van, as well as the gunshot residues and had concluded that there was a reasonable possibility that the shoes recovered from the scene formed a pair and the two socks recovered were also a pair, that one shotgun recovered had not been fired, and that this was strengthened by the lack of residue on the corresponding mask.

The left leg of one boiler suit was bloodied and matched samples of the other convicted would-be bank robber, Joseph Polidano’s blood. Particles of gunshot residue on Polidano’s boiler suit could indicate that he fired the shotgun, “but it is more probable that they were transferred to the suit when he touched his wound,” said Dr. Abela Medici.

Abela Medici testified that the holes in Spiteri’s suit lined up with his wound, and indicated that it was inflicted while he was running. He found no evidence that Spiteri had fired a weapon.

The report indicated that large quantities of gunshot residue was found on the two revolvers and that this indicated that they had recently been fired. It concluded that the odds that one boiler suit was not worn by Spiteri were 1 in 20 million, and the odds that the other boiler suit was not worn by Polidano were 1 in 60 million.

The expert confirmed that none of the balaclavas had gunshot residue on them, inside or out adding that only one of the shotguns had not been fired.

He explained that when any weapon is fired, it requires a percussion cap to go off to ignite the main propellant. The cap contains particular chemicals, which when evaporated (in firing) are transformed into unique particles found only in gunshot residue. This residue will be found on the bullet/pellets, and clothes of the shooter, particularly the sleeves. It would be found in detectable amounts within approximate 3ft of the weapon, a radius within the balaclava would be.

However if the weapon is fired in the air, out of the window of a moving vehicle there is a chance that no residue will be found.

The jury also heard the testimony of Dr Pierre Vassallo, at the time a consultant radiologist at St Luke’s Hospital. Vassallo said he was appointed at the time by Magistrate Abigail Lofaro to compile a report on Xrays and CT scans in May 1996 of Carmelo Spiteri’s leg. The scans indicated that Spiteri’s fibula (lower leg bone) had been fractured and concluded that the injury had occurred as a result of trauma caused by a high velocity projectile. The jury were shown photographs of the wound on Spiteri’s lower leg.

Conspicuous by its absence in today's proceedings, was forensic evidence linking George Xuereb to the crime.

The lengthy list of prosecution witnesses will continue tomorrow.