Sheehan compilation continues, bail curfew shortened

A court has upheld a request to shorten the duration of Paul Sheehan’s curfew.

“It’s not as if this was a hold-up” Sheehan’s lawyer Edward Gatt had said in justification of the request, without a hint of irony.

The prosecution did not object however and the court acceded to the request to change the hour by which he is obliged to be at home to 11:30pm, amending the accused’s bail conditions accordingly.

The compilation of evidence against Paul Sheehan, former driver of Manuel Mallia, continued this afternoon with several police officers telling the court the now-familiar story from their perspective.

Police Sergeant Sandro Mangion told Magistrate Aaron Bugeja how on the night of the incident he had been tasked with assisting the duty officer in Gzira “as there was a shooting and there were police involved.”

He said Superintendent Alexandra Mamo had called him and told him to go to the tunnels near the skate park, ordering him to ensure that the cars were not moved.

When he arrived at the scene, he saw the ministerial Mercedes with a broken wing mirror and the Vauxhall Insignia on the low loader. He protested with the police at the scene, saying he had an order from Superintendent Mamo to preserve the crime scene, but they answered that they had an order from the Commissioner of Police to load the vehicle.

Lawyer James D’Agostino, appearing in parte civile, asked the witness what Sheehan was wearing, to which the witness replied that he was wearing in civilian clothing, not in uniform. “At no point was he handcuffed or placed in the police car,” said Mangion.

The accused’s lawyer, Edward Gatt, asked him several times whether he had noted any damage other than the mirror, but the witness said he had not. “If I were to tell you that there was €3000 in damage to that car, did you see anything of the sort?”  The witness replied that he had not.

He said he had seen the other driver, Stephen Morrison Smith, on a bench at the Msida police station. Probed by the prosecution, the witness said that Smith did not appear intoxicated. “He was quiet but I did not speak to him as there was an investigation underway.”

'A refusal is an admission'

This version contrasted with that given by the second witness of the day, Police Sergeant David Sant, who testified that when officers from the Rapid Intervention Unit had brought Smith in to the station, he observed that he was under the influence of alcohol.

“He had red, teary eyes and was stammering. He was taken to St. Julian’s police station for a breathalyzer test but he refused." Sant informed Smith that “a refusal is an admission,” but he continued to refuse and signed a form to that effect.

Some two to three hours later, he changed his mind and took the test, which showed him as being three times over the legal driving limit. Sant exhibited a photocopy of the test in court.

D’Agostino asked him what state Smith was in when he met him at the station. The witness said Smith was upright and spoke to them in both Maltese and English.

Gatt interjected saying that Smith had told the court that he did not speak Maltese, but the witness begged to differ. “To the contrary, Smith told me that he understood Maltese and chatted with me” said Sant.

Gatt showed him a copy of his report in which he had noted the time when Smith took the test. It appeared that four hours after the incident, Smith “was still three times over the limit”.

Another witness, PC Clyde Agius, testified that he had only noted the bullet holes in the car and could not recall noticing any scrapes along the side. He said that he had seen the weapon in the central console of the car and not in the boot, as the court had been told during previous sittings.

The compilation of evidence will continue on 6 February.