Updated | Murderer of Gozitan lawyer admitted his guilt to two men

Updated at 6:04pm

A man accused of murdering a lawyer in Gozo in 2004 had blamed the victim for the demise of his marriage, a court heard today.

Prosecutor Phillip Galea Farrugia said the accused, David Zerafa, 39, from Nadur, had suspected his ex-wife, Clemia, of having an affair with her lawyer, Michael Grech. He believed this lead to his marriage break-up. Testifying at Zerafa's trial by jury, Galea Farrugia said the accused believed his ex-wife had been using the lawyer to get revenge on her husband.

Together with an accomplice, Zerafa acquired a firearm and a baseball bat. Dressed in dark boiler suits and balaclavas, they waited for 46-year-old Grech outside his Marsalforn apartment. Grech was shot in the neck, and then killed with repeated blows to the back of the head after he tried to escape his aggressors.

Inspector Chris Pullicino, who in 2004 headed the Homicide Squad, was the first witness called to the stand. He recounted how on May 25 at around10.10pm he was informed about a murder in Marsalforn.

When he got to the scene he said at first it seemed puzzling as it was spread over a large area. The blood trail started outside the lawyer's residence, led down the stairs, into the street and around the corner.

In Triq ix-Xtut there was a pool of blood and a broken pair of glasses. Scattered documents littered the scene and the lawyer's suitcase was outside his residence.

He said the police had spoken to a number of suspects, including the accused, who claimed at the time he had been asleep at his mother's house together with his two brothers.

The victim's wife, Maria Grech, said she had heard a commotion and a gunshot outside her door. When she opened it, she came face-to-face with a man in a boiler suit and balaclava. He pointed his gun at her but she managed to close the door.

Later, she found a pool of blood outside her door. She followed the trail, which led her to a garage where she found her husband's body.

An eye witness told the police that in St Mary Street, he had almost run over a hooded man who had been picking up papers in the street.

The police received an anonymous phone call that alleged the murder was committed by David Zerafa over a separation case. However, the information was not enough for the police to substantiate their case.

In July 2005, two men, Steve Spiteri and Rodney Vella, told the inspector that Zerafa had admitted to the murder and given them details about how he acquired the weapons, where he had waited for his victim and how he had killed him. They said he had told them he suspected his wife had been having an affair with the victim, and had also made known his intention to murder his wife with an axe.

Pullicino told the jury that Zerafa had given the two informants details which at that stage were unknown to the police. An axe was found in a room in Ramla l-Hamra, perfectly matching the description given by the two men.

Lawyers Maurizio Cordina and Phillip Galea Farrugia prosecuted. Malcom Mifsud appeared for the accused. Arthur Azzopardi and Kathleen Grima are appearing as parte civile.

Judge Lawrence Quintano presides.

Court reconvened at 2:45pm.

Inspector Chris Pullicino told jurors how the second time the accused David Zerafa was arrested he told officers that on the night of 25 May 2004, he was fishing at Marsaxlokk.

Assistant Commissioner Pierre Calleja and former Assistant Commissioner Paul Debattista were called into the court room. Under oath they confirmed they were present at the interrogation of David Zerafa and a recording of the interrogation was played for the jurors..

Hands crossed and a sullen look, the accused listened to the recording of his second police interrogation.

Zerafa told the police he was scared of Spiteri. "I was scared of him even during the confrontation," he told the investigating officer.

Repeatedly he told then Superintendent Pierre Calleja that he will not answer his questions, however reiterated that he had bluffed with the informants and that both Spiteri and Vella were liars.

Inspector Pullicino had faced the accused with the two different versions of his whereabouts on the night of May. Asked which version was correct, the accused refused to answer. He claimed that he used to work giving out deck chairs at a beach and also as a fisherman helper during the tuna season.

Cross examined by Defence counsel Malcom Mifsud, the inspector held that on the day following the incident the accused was spoken to as an interviewee. The police confirmed the whereabout of the suspect and once this was established the police had no reason why to place him under arrest nor reason to take samples off his body.

Dr Mifsud asked ow the police had investigated the case load of Dr Grech. "Primae facie there was no information held in the records of Dr Grech that could provide a motive for the homicide," the inspector explained, continuing that he had examined the lawyer's computers through the report filed by the court expert with the permission of the inquiring magistrate.

Inspector Pullicino gave the court a detailed description of the ID Parade procedure. The defence argued that the police did not give weight to the colour of the eyes of the accused. The inspector explained that the people forming the ID parade were rounded up based on the description Maria Grech had given the inspector at the time.

The defence lawyer then attacked the statement made by the police that Zerafa had given details to  Spiteri and Vella which the prosecution claimed were unknown to the police. Dr Mifsud said that this information was public knowledge as it was published in the newspapers. The inspector replied that the newspapers had only published the details of what the police had found on the crime scene.

The defence held  informant Rodney Vella as a professional witness since he had given evidence in other homicide cases claiming that those accused had also confided in him. The other informant Stephen Spiteri has since died in prison from a drug overdose. The accused and both informants were inmates residing at St Michael's Forensic Ward, in the former St Luke's Hospital.

Following a short coffee break, Assistant Commissioner Pierre Calleja took the witness stand. At the time of the homicide he was a Superintendent at the Criminal Investigation Department.

The Assistant Commissioner recounted how he was informed of a murder in Gozo on 24 May 2004. The body of Dr Grech was found in a garage beneath the apartment were the lawyer resided. Blood droplets were found on the stairs of the building and bloodied drag marks were found in Triq ix-Xtut.  The police were perplexed about the number of documents being blown around the crime scene. The documents were found to be court documents related t the office of the victim.

The wife of the victim told the Assistant Commissioner that when she opened the door she came face to face with an armed assailant. She reiterated that what was impressed in her memory were the almond shaped eyes of the aggressor.

Over a year after the murder, Steve Spiteri and Rodney Vella told the police that the accused had admitted with them to killing the Gozitan lawyer. The details given by the two informants provided the police with details that previously baffled the investigators. Zerafa had also given details about information that only three officers knew about.

Both the informants faced off the accused separate instances and after first claiming that they were lying, Zerafa then alleged that he was joking and bluffing with them.

AC Calleja confirmed the evidence of Inspector Pullicino regarding the identification of the accused by the victim's wife. He also told the jurors that he was aware of a number of searches that were carried out in a room at Ramla l-Hamra. The police had unearthed an axe which fitted the description gived by the accused to the informants.

Under cross examination, the Assistant Commissioner said that Maria Grech had mentioned that the aggressor had almond shaped eyes. He insisted that the line up was performed by the order of the inquiring Magistrate and according to the requisites of law.

Pierre Calleja stated that the reason why the accused chose to talk to two people who he only knew for three months is only known to the accused. He also said that contrary to what was claimed by the defence, after the confrontation between Zerafe, Vella and Spiteri, the accused was kept at the police lock up. He was arraigned the following morning.

Superintendent Antonello Grech told the court that on 24 May he came across the lawyer at Rabat and chatted with him and other officers about court work. He walked with the lawyer to his car and held his files while Dr Grech entered his vehicle.

Minutes later he was informed that a murder had taken place in Marsalforn. He recognised the victim as the lawyer he had spoken to earlier. the Superintendent who at the time was an inspector described the crime scene and explained that it was a windy day. Officers had to place stones on these documents to keep the papers from being blown by the wind.

Superintendent Grech corroborated the evidence given by the previous witnesses concerning the police investigation and the identification of the accused by Maria Grech.

The prosecution presented to the jury, the documents that were collected from the scene of crime, and the lawyer's glasses which were found next to a pool of blood in Triq ix-Xtut. Assistant Commissioner Paul Debattista held that he was not directly involved in the investigation of Dr Grech's murder. Then Superintendent Pierre Calleja had informed him that they had a suspect in the lawyer's homicide and he attended the interrogation.

He was later informed that David Zerafa was arraigned and charged with the murder of Dr Michael Grech.

Last to take the witness stand for today was a former police sergeant. Together with other offices he was one of the first to arrive on the scene. A very emotional Maria Grech had told him that the aggressor was wearing a balaclava similar to what is worn by Palestinians.

The former police sergeant then read out the police report he had filed on the day of the incident.

Judge Quintano adjourned the jury for tomorrow.