Dad who rammed dealer’s BMW for selling son drugs, cleared of attempted murder

A court has cleared a man of attempting to kill his son’s drug dealer in a car ramming incident and ordered that the police investigate the alleged victim for perjury.

Joseph Ellul had allegedly rammed the drug dealer’s BMW with his car near Cospicua school in April 2018 following a heated argument.

The BMW’s owner, Emanuel Brignone had gone to file a police report, claiming that he had been chatting on his mobile when Ellul had driven past in a Volkswagen before suddenly reversing at high speed into the BMW and then attacking him with a metal bar.

Under interrogation, Ellul had told the police that he had driven alongside Brignione’s car and had angrily told him, “Stop selling synthetic [drugs] to my son!”

As he was about to get out of his car, Brignone had driven away, scraping his BMW against the accused’s car, he said.

The following day, the police received another report claiming that the accused had driven his car at Brignione’s father who had been riding a scooter at Vittoriosa.

The alleged victim had claimed that while driving towards Kalkara, he had spotted Ellul’s Volkswagen before hearing a sudden screeching of brakes and seeing the car swerve, only just avoiding being hit by the accused’s car.

Ellul was subsequently charged with the attempted murder of Brignione’s father, as well as attempting to injure the younger man, amongst other charges.

Magistrate Donatella Frendo Dimech, observed that the versions of events as given by the two alleged victims were not sustained by the evidence.

Although the elder alleged victim had mentioned “loud screeching brakes,” police had found no brake marks on the tarmac in the area.

The court concluded that Brignione’s father’s testimony was not credible.

Similarly hard to believe was Brignione, who had first said that he had been on the passenger seat and later said he had been on the driver’s side when the accused had scraped the BMW.

The police did not find the metal bar alleged to have been used by Ellul.

The alleged victim had also failed to reply to questions about his relationship with the accused’s son. “His silence and reluctance impinged upon his credibility,” said the Court.

Ruling that the charges of attempted homicide had not been proved, the court found the accused guilty of causing voluntary damage to third party property and of breaching the peace, placing him probation for two years.

Out of concern for his son, the accused had let his paternal instincts get the better of him, said the Court as it handed down punishment, taking into account the fact that the man had a clean criminal record.

The Court also ordered the Police Commissioner to investigate Brignione, his sister and her boyfriend, the registered owner of the BMW, after it was suspected that they had lied in their testimony to cover up the fact that Brignone had been driving without a licence and insurance cover.

Lawyers Arthur Azzopardi and Rene’ Darmanin were defence counsel.

Superintendent Josric Mifsud prosecuted.