Sion Grech family to sue State for compensation over acquittal of Marsa murderers

The siblings of murder victim Sion Grech have given notice that they will claim damages for the acquittal of the two men accused of Grech’s killing, after years of delayed court proceedings.

Rita Borg and Nadesh Said said the passage of almost two decades from the murder of Sion Grech in 2005, whose body was dumped in a field in Marsa, had been marred by shortcomings in the criminal investigation and prosecution.

Ismael Habesh from Libya and Faical Mahouachi from Tunisia face charges of murdering Sion Grech in Marsa in 2005. Photo: James Bianchi/MaltaToday

“These shortcomings enabled the acquittal of the murderers due to various reasons, among them the six statements given by one of the accused that were then expunged due to a change in laws that happened much later after the murder, as well as the exclusion of a substantial amount of documentation due to procedueral defects, and because witnesses and even investigators, could not recall particular details of the case.”

The siblings said this had breached their European and Constitutional rights for the right to life, and that in murder cases, the State is obliged to carry out an effective investigation. They said that their family was not properly kept informed of the investigation and prosseuction, again a breach of Article 2 of the European Convention of Human Rights that includes involving the victim’s family in an investigation to as necessary a level for them to safeguard their legitimate interests.

52-year-old Ismael Habesh from Libya and 55-year-old Faical Mahouachi from Tunisia were indicted for Sion Grech’s murder in 2005, after Grech’s was found dumped in a field after she was stabbed 17 times.

Habesh alone was found guilty of using a stolen vehicle, but was acquitted of wilful homicide by 7 votes to 2, Mahouachi by 8 votes to 1. The Libyan was handed a three-year prison sentence forthe stolen vehicle, but left the courtroom a free man, having already spent that time in preventive custody.

The judicial protest was signed by lawyers Roberto Montalto, Evelyn Borg Costanzi, and Matthew Cutajar.