UPDATED | Club bouncers testify in 2012 Paceville death case

The jury trying Antonel Dobre, accused of causing the death of Osama Saleh outside a Paceville bar in 2012, has this morning been told that the victim may have been drunk when he approached the accused and his friend.

The trial of Antonel Dobre entered its third day today, after yesterday’s hearing had to be cut short for logistical reasons, with Radu Rica, who had been with the accused at the time of the incident, continuing his testimony after spending the night in the courthouse.

Cross-examined by Dobre’s lawyer Robert Montalto, Rica said that he noted the victim was unsteady on his feet and was slurring his speech when Dobre pushed him away.

“It was more a push with one hand,” said the witness. Montalto demonstrated a hooking motion with his forearm, pushing him and a pulling his head down at the same time. He agreed that this is the motion he saw.

He told the jury that he had not heard the blow connect with the man’s face. The first sound he heard, he said, was the man hitting the ground with his head. He added that they had been standing on an incline at the time.

 “So are you absolutely certain that it was Dobre’s left hand that struck Saleh?” asked the lawyer. “More than certain,” he replied.

He said he believed that Rica’s girlfriend and Dobre’s wife knew each other as they were both working in gentleman’s clubs and denied ever contacting Dobre or Dobre’s wife whilst he was in Romania, before coming to give evidence today. 

Dobre attended these proceedings after he was notified by the Romanian police. Asked why he felt the need to come to Malta to testify he said he felt it was the right thing to do, adding that he had paid for his flight to Malta out of his own pocket.

Prosecutor Kevin Valletta asked Rica if he had feared arrest upon his arrival. “Yes I was afraid, but I felt that I had to go,” replied.

He said that he had asked the accused why he had hit him, but the accused told him to forget it and that he would tell him later.

Valletta confronted him with his own version of events, which he gave yesterday. In the previous sitting, Rica had claimed that Dobre had acted to defend him. He repeated that he had been trying to forget the incident.

He said he had gone home and hadn’t spoken to Dobre again before he left. “I think he had the air ticket before the incident,” as he had informed him that he was flying out the next day while they were out clubbing.

The judge asked him how he knew of this ticket. Rica clarified that he didn’t know that he actually had the ticket, but from the conversation, he had said he wanted to go to Romania to see his children.

Several doormen from Clique also testified today, however none could recall the incident in any detail.

One doorman, Jesmond Vella, told the jury, “I saw a dark skinned person in front of me and two white guys went up to him and talked to him. I don’t know what happened and one of the white guys threw a punch at the black man. I said “why” to the white guys in English.” 

Apparently reluctant to testify today, he repeatedly said that he didn’t remember anything else. “There is the statement and the video and they speak for themselves.”

His initial testimony, given before the inquiry, was read out to him. It described the blow as “a roundhouse punch to the right temple,” after which the victim  “collapsed in a heap", knocked out instantly. 

"There was a hissing sound as the blood began oozing out. His eyes rolled back and I told everyone not to touch him as he needed help that was beyond our capabilities.”

Asked about the events preceding the altercation, he said there was nothing suspicious. “They were talking normally amongst themselves and then all of a sudden I saw that scene.”

Another Clique employee, William Briguglio, testified that he had heard Jesmond Vella call for assistance and went outside.

“I saw a person on the floor and Vella was restraining someone. I couldn’t see who exactly because of Vella's stature. I didn’t know what was going on, so I started pulling Jesmond back to avoid further trouble. The person he was restraining escaped.”

After some prodding by the defence, the witness recalled that there may have been more than one bouncer involved.


Forensic specialist Dr. Mario Scerri had told the jury that a punch thrown at Sudanese Osama Al Shazliyay Saleh had caused two major head injuries, either of which could have independently proven fatal. 



The forensic expert exhibited a CT scan which shows bruising on the right hand side of the brain, caused by a powerful, left-handed palm strike to the right hand side of the skull and a fracture extending from the back of the skull to its base, caused by an impact with the ground.  


“The mechanism of the injury indicates that the first blow was on the side of the head, after which he hit his head on the ground. Either injury could have been fatal in isolation”, he explained.

Defence lawyer Roberto Montalto asked the witness to stand at right-angles to a court usher, who was standing in for the victim – a position which one witness had testified them to have been in.

“Could the blow have been delivered from this angle?” Montalto asked.

The doctor replied in the negative.  Replying to questions by the jurors, he said it was unlikely that a person who received such a powerful blow to be affected in a delayed manner, but “all things are possible.”

Montalto then pointed out that a witness statement, which Dr. Scerri had administered the oath for mentioned an argument between a man dressed in a similar manner to the deceased and a bouncer. Dr. Scerri confirmed this to be true.

The jury had been told earlier today that the victim may have been drunk when he approached the accused and his friend.

However, this theory has been disproved by Dr. Scerri, who exhibited results of toxicology tests carried out on the victim, which show his blood alcohol level to be well below the driving limit.

The amount of alcohol in the victim’s bloodstream was “equivalent to approximately two glasses of wine,” said Dr. Scerri.

Today was the third day of the Romanian’s trial. This morning, Radu Rica, who had been with the accused at the time of the incident, continued his testimony after spending the night in the courthouse.

Cross-examined by Montalto, Rica had said that he noted the victim was unsteady on his feet and was slurring his speech when Dobre pushed him away.

“It was more a push with one hand,” said Rica. Montalto demonstrated a hooking motion with his forearm, pushing him and pulling his opponent’s head down at the same time. He agreed that this was the motion he had seen.

The prosecution said it had no further evidence to present and rested its case this afternoon. There has been no indication as to whether the accused will testify in his defence tomorrow.

Lawyers Kevin Valletta and Nadia Attard from the Attorney General's office are leading the prosecution and lawyer Roberto Montalto is representing Dobre. Lawyer Larry Formosa is appearing in parte civile for the heirs of the victim.