Accomplice in 2009 hold-up ‘tricked into driving getaway car’, jury told

On the third day of the trial by jury of Matthew Mizzi, accused of complicity in a 2009 armed robbery during which a shopkeeper was shot, has heard that the robber had been suffering from heroin withdrawal symptoms at the time.

The armed robber, Jonathan Coleiro, is currently serving a 15-year sentence for his part in the hold-up, after he pleaded guilty at a late stage in compilation proceedings in order to avoid a trial by jury.

Defence lawyers Michael and Lucio Sciriha, together with lawyer Chris Chircop are insisting that that the hold-up was all Coleiro’s doing and that he had taken advantage of Mizzi’s heroin withdrawal symptoms to trick him into giving him a lift to the shop.

The jury heard testimony from witness Brendon Carabott, who was present at the time of the arrest of the accused.

Asked where he had been on the on the 13th April 2009, he said: “I was alone with my friend, in a slum in Cospicua, which was used by my friend Renald. Later on another guy came too. I think he was called Jonathan.” He only knew this person by sight, he told the court.

“If I remember correctly, Jonathan was in shock. I couldn’t understand what he was saying. He wasn’t speaking in full sentences, like he was drunk. For example he mentioned ‘Birkirkara,’ ‘police’ and ‘they haven’t come for me yet’.”

Carabott said he had answered a knock at the door and found a group of around four policemen, one of whom he recognised waiting outside the courtroom. “Everyone scattered and I was arrested. I know that Coleiro was pinned to the ground by the policemen and he had tried to resist this.”

He remembered hearing Coleiro shouting at the officers to leave him alone. “His voice sounded like he was crying,” recalled the witness. Asked what the police were saying, he said he remembered them asking: “where is the weapon?”

The witness was asked whether Coleiro had tried to ask him about anything. “You said that Coleiro wasn’t making sense... like he was drunk. Like he was sick [suffering from heroin withdrawal symptoms]?” asked the lawyer. “Not exactly,” said the witness, “more like hazy. He would go off on tangents when talking and make no sense.”

Carabott had hid in a wardrobe and had observed the raid through a crack between the doors, he said. “These things had never happened to me before, police and revolvers and all that coming in the house.”

“So, even though you had nothing to do with it, you were scared anyway,” suggested the defence. The witness agreed.

Earlier in today’s sitting, forensic expert Dr. Mario Mifsud tendered evidence on his investigation into gunshot residue particles. No unique gunshot residue particles were found on Matthew Mizzi’s clothes or hair, said the expert, only indicative ones. Unique gunshot residue particles had been found on Coleiro’s clothing, however.

“To me, this shows that Jonathan Coleiro had fired the shot,” said the expert witness.

Lawyers Michael Sciriha cross-examined Dr Mifsud. “It was established that Matthew Mizzi was swabbed shortly after the alleged crime. It was also established that Coleiro was swabbed the next day, approximately 12-24 hours later... would not the concentration of particles found on Coleiro have been much higher, had it not been for the lapse of so much time?” The witness confirmed.

Mifsud noted that he could not understand why the gun-barrel had not been washed out for sampling by the forensic team. “The barrel is always washed out to gather residue, but this had not been done in this case.”

Sciriha asked the witness to demonstrate whether the weapon would fit snugly in the pocket of the shorts worn by Coleiro and then asked him to do the same with Mizzi’s jeans, in which no particles of gun residue had been found at all.

“If the weapon had remained untouched after being fired and then placed in the pocket of a pair of jeans, what would the chances of finding at least one particle there be?”

“The chances are you would find something,” replied the witness.

The trial continues tomorrow, with further witnesses to testify after which the jurors are to be taken to visit the crime scene.

Lawyers Elaine Mercieca and Ann Marie Cutajar from the office of the Attorney General are prosecuting, whilst lawyers Michael Sciriha, Lucio Sciriha and Christopher Chircop are defence counsel.