‘Victims never lie to the police,’ jury told

The air in the courtroom was heavy with fatigue as the 11th day of the trial of Matthew Mizzi entered its final furlong with both sides making their final submissions.

"Victims never lie to the police," said lawyer Elaine Mercieca from the Attorney General’s Office, as she addressed jurors in the trial of 29-year-old Matthew Mizzi, from Cospicua who is charged with being an accomplice in an armed robbery in which a shop owner was shot.

The case dates back to April 2009 when Jonathan Coleiro had shot the owner of Seven Mobiles of Birkirkara as he chased him, after the shop was robbed at gunpoint.

Mercieca argued that the accused had accompanied Coleiro to commit the shop and had even waited for him in a car, with the engine running. He had also helped the robber punch eyeholes in a beanie, later used as a balaclava.

Mizzi was also charged with attempted murder, the prosecution arguing that there was a "tacit agreement" by the accused in that he had done nothing to prevent or discourage Coleiro from using it.

She pointed to the statements given by the accused during interrogation, saying they were not credible in various instances. The balaclava was found a considerable distance away from where the accused had indicated, said Mercieca, saying no explanation had been given for this and arguing that it was a red herring placed there to throw investigators off the scent.

Mizzi had admitted to filing a false report, but at the same time was pleading not guilty to complicity, argued the prosecution.

‘A pawn in the hands of a sinister, shrewd man’

Defence lawyer Michael Sciriha however retorted that his client was "simply a pawn in the hands of a sinister, shrewd man".

He reminded the jury that they had heard how Coleiro had gone out with a girl, who had liked a laptop in the shop targeted.

“A witness, Gordon Zammit had told us that she had liked the laptop a lot. Coleiro went to the shop, Coleiro decided to rob it. And guess what, where is the laptop? The robbery was made with two goals in mind, the mobiles to fund his drug habit and the laptop for his girlfriend.“

“Who would need a pistol? A man with a criminal background, planning a robbery or a man with a clean criminal record?” asked Scriha.

He described defendant Matthew Mizzi as “a naive man, simple and soft in the head”. “Not crazy - but with a very low IQ,” his lawyer said.

Addressing the 12 jurors, he asked jurors to put their hand on their heart and ask themselves whether, after having lived this trial, they were convinced beyond reasonable doubt that Mizzi was guilty.

The judge is expected to begin delivering his final address to the jury as the trial enters its 12th day tomorrow. The jurors are expected to retire to deliberate on Monday afternoon.