Update 2 | Doctor in Gozo murder case declared erroneous cause of death because he was under shock
The doctor who was called to the scene erroneously claimed the cause of death as a gunshot wound because he was under shock.
Adds victim daughter's evidence
The doctor called to the scene in the Marsalforn murder case erroneously certified the victim as having been killed by a gunshot wound, because he was under shock when he realised he knew the victim.
Taking the witness stand, Dr Mario Saliba informed jurors that when he arrived on site he heard Maria Grech, the victim's wife, shouting "They killed Michael", and realised he knew the victim.
Under shock, and not wanting to taint the scene, he did not examine the victim's wounds and instead listed the cause of death as a result of a gunshot wound. Saliba told the court the cause of death was later confirmed to be the result of a blow to the head.
Blood found on a piece of wood in a vehicle's trunk resulted to be A positive, forensic expert Robert Cardona explained. Same blood was also found on the floor of the luggage booth.
Both victim Michael Grech and police suspect Emanuel Micallef had a blood type of A positive.
The police had initially treated Micallef as a suspect in the murder case. Both the prosecution and the defence agreed that the accused David Zerafa had no connection with the vehicle - a Toyota.
Judge Quintano ordered that the victim's family was not present for this morning's sitting due to the graphic nature of the videos and photos shown to the jurors.
However later in the afternoon the victim's daughter took the witness stand and told the court how events unfolded. "I saw the barrel of the weapon," Deborah Grech, the victim's daughter told the court. She was having dinner with her brother and her mother when they heard a muffled gunshot. As her mother opened the door a hand holding a gun went through the opening. "My mother tried to close the door and had to lean against it to close it shut," she said. The mother called the neighbour as she thought it was her brother playing a joke. She also tried to call her husband who did not answer.
When they opened the door again they saw their father's suitcase on the steps. "Then we realised that dad had already returned home", she continued saying that they could not hear the car arrive due to the windy conditions.
"There was blood on the stairs, as me and my brother searched the apartment but found nothing". When she arrived at street level her mother met her and told her ," I found your father I believe he is dead".
Her mother passed her the mobile phone to call the police but i the panic she barely remembered the number.
After calling the police, she saw her father face down with serious injuries to his head. Bloodied drag marks lead around the corner. A pool of blood was in the adjacent road.
"We never spent another night there. After the incident we went to stay with our grandparents. My father's death effected me in every possible way. I was half way through my ordinary level exams and I almost left school", she said.
Lawyers Maurizio Cordina and Phillip Galea Farrugia from the Attorney General's office are prosecuting. Dr Malcom Mifsud is acting as defence while Dr Arthur Azzopardi and Dr Kathleen Grima are appearing as parte civile.
Judge Lawrence Quintano is presiding. The judge adjourned the case for tomorrow morning.
Earlier today, former police inspector Marisa Camilleri said she received an anonymous tip-off about the murder of Gozitan lawyer Michael Grech, which took place on the night of 24 May 2004.
Speaking at the trial by jury of David Zerafa, Camilleri told Judge Lawrence Quintano she was on duty at the police control room in June 2004 when she received the anonymous call, which said the police should investigate Zerafa about the murder.
She said the caller also claimed that Grech was the lawyer of Zerafa's estranged wife, and that Zerafa was known as a violent person.
At the trial, Judge Quintano also heard how Grech's body was found face-down in a pool of blood, and his head had been split open.
Former superintendent Paul Camilleri explained how bloodied track marks in Triq ix-Xtut, Marsalforn, led from a pool of blood to the dead body. This revealed the victim had been beaten in the street before being dragged to the garage where he was killed.
Zerafa, 39, of Nadur, is pleading not guilty to charges of willful homicide. The lawyer was shot in the neck and then died from repeated blows to the head.
Later, Police Officer Jonathan Attard, talked the jurors through a video shot at the scene of crime. Dr Grech was shown lying face down with a large gash at the back of his head. SOCO personnel circled the victim taking photos of the body and the surroundings.The victim's body temperature was read to establish the time of death.
Blood splatters were seen on the stairs leading from the lawyer's third floor apartment and a suitcase was placed outside the apartment's door. A number of documents that were being blown with the wind were collected and filmed.
Police forensic officers Patrick Farrugia and Jefferey Hughes presented over 150 photos taken at the scene of crime and during the autopsy. Another set of photos depicted the room at Ramla l-Hamra, owned by the accused and mainly used to store fishing and agricultural equipment.
A search was effected by the police almost a year after the murder. Inside the room the police found an axe which Zerafa had mentioned to fellow inmate Rodney Vella. Luminol and UV analysis did not result in any blood being found in the room.
Officer Hughes told the court that no fingerprint comparisons were held with the latent images lifted from the scene of crime. In the course of the inquiry the court had not authorised any fingerprint comparison. Neither the prosecution nor the defence had requested for this comparison to take place.