Man claims self-defence in attempted murder trial

A man on trial for the attempted murder of the owner of a nearby field has told a jury that he had shot the other man in a bid to defend himself from an unprovoked assault.

59-year-old Joseph Scicluna is accused of the attempted murder of Mark Farrugia, whom he allegedly shot with Farrugia’s own hunting shotgun during an altercation in 2018.  Scicluna is also indicted for causing grievous bodily harm, possession of a firearm during the commission of a crime and possession of a weapon without a police permit.

Farrugia testified yesterday, describing the permanent injuries that he had suffered as a result of the shooting, which had peppered his arm with 200 lead pellets and a further 17 in his face.

Scicluna had known Farrugia for around 20 years before the incident which had occurred in the Ta’ Dnat area of San Ġakbu, in Dingli on October 31, 2018. The court was told yesterday that Farrugia had testified in court proceedings relating to a dispute between the accused and his family over a field.

The jury was taken to visit the site yesterday and, again, today.

After today’s site visit, it was the defendant’s turn to take the witness stand. He told the court that he had woken up at 4.30am on the day of the incident and, after saying some prayers had eaten breakfast with his wife and son, before heading off to the field to walk his dog.-

Scicluna said that while walking towards the fields, he had noticed Farrugia setting up his hunting hide, and that Farrugia had not answered his greeting. Eventually, Scicluna said, he had asked the victim not to shoot at low-flying birds because his shots were hitting and damaging some of Scicluna’s water pipes.

After a conversation about various topics, and before Scicluna turned to leave, he reminded Farrugia about the pipes and asked him to leave his son alone “because he already has enough problems.”

The accused said that upon hearing this, Farrugia started spewing blasphemies and pointed the shotgun, which he had been holding at the time, at Scicluna, who then struck Farrugia with a heavy piece of wood in a bid to defend himself.

In the ensuing altercation, the accused said that the victim had punched him in the eye, causing him to fall to the ground, next to Farrugia’s shotgun. As the fight continued, Farrugia had tried to grab his firearm, but Scicluna managed to get a hold of it first, before firing at the victim, who then ran off towards his father.

Scicluna had gone back home and informed his wife about the incident. Not long after that, he had received a call from the Rabat police station, asking him to go in for questioning.

At the police station, the accused had insisted that he had not been at the scene of the crime. He told the jury today that he had said this on the advice of his previous lawyer. Before stepping off the stand, Scicluna said that he then spoke to another lawyer, Arthur Azzopardi, who suggested that he tell the truth.

After the accused finished testifying, the prosecution asked the court to order the man’s previous defence lawyer to take the witness stand and testify about the witness’ claim. The defence objected to that request, which presiding judge Consuelo Scerri Herrera proceeded to reject, explaining to the prosecutors that lawyers are bound by professional secrecy to not disclose discussions with their clients, and that this obligation could only be waived by the defendant.

Lawyers Kevin Valletta and Kayleigh Bonnett from the Office of the Attorney General are prosecuting, while lawyers Edward Gatt and Shaun Zammit are assisting the victim as parte civile.

The accused is being defended by lawyers Arthur Azzopardi and Jacob Magri.