Updated | Gozo murder verdict expect tomorrow

The jury of David Zerafa has now entered its final stage as the nine jurors have retired to deliberate.
 
Mr Justice Lawrence Quintano concluded his address to the jurors. In over six hours, the judge went through all of the charges leveled against Zerafa, summarizing all evidence and testimonies produced and
explaining the submissions of both the prosecution and the defence.
 
Judge Quintano told the jurors the minimum acceptable verdict has to be six against three.

From the witness stand Emanuel and Geofffrey Zerafa repeatedly swore their brother David was asleep at the family residence on the night of the murder. "I swear a hundred times David was inside the house", Emanuel told jurors last Friday.

In its application the prosecution explained how when spoken to on 15 July 2005, a year after the murder, one of the brothers told investigators his brother was in Malta while the other held he did not know where David was. This was done in the presence of inspector Chris Pullicino.

The accused himself had also changed his statement. Spoken to the day after the murder he told police he was asleep at home. A year later he claimed he was at Marsaxlokk on a fishing boat.

David Zerafa, 39 from Nadur is charged with the willful homicide of Dr Michael Grech. On 24 May 2004, the Gozitan lawyer was shot in the neck outside his residence.

He fled the scene but the aggressors caught up with him and dragged him inside a garage under construction. The lawyer died when his skull was smashed with blows from a heavy object believed to be a baseball bat.

Judge Quintano upheld the prosecution's request and held that he will do the questioning himself.

Superintendent Antonello Grech and Inspector Chris Pullicino confirmed the statements they had taken from the two brothers in July 2005.

Emanuel Zerafa was asked to take the witness stand again. The judge read out the statement of the previous claims and asked him to clarify what the truth was.

"A year after the murder you told the police you did not know where David was, but on Friday you told us that he was at the house for sure", the judge said.

The witness held that he had told officers how at times David spent time in Malta however on the day of the murder he was at home for sure. He also told the court that he does not know how to read and write and had nothing to add to his testimony.

The accused's other brother Geoffrey was next on the stand. Judge Quintano asked him to repeat the oath after him. Subsequently the judge read what Geoffrey said on Friday.

The witness replied that in July 2005  he had told the police there was a higher probability that David was at home rather than in Malta.

The judge read the statement the police had taken from Geoffrey in 2005. The statement read that when the police went to search the Zerafa residence in 2005, Geoffrey told them he had evidence that David was in Malta on the day of the murder. later the same day he had said he was also sure all the brothers were at home on the night Dr Grech was killed.

On the day the police had demanded which version was the truth. The witness had replied he was not sure whether his brother was at home or in Malta.

Geoffrey Zerafa explained how his mother fainted when the police went to search their house. He denied that he had shouted that they had evidence the accused was in Malta on the night.

The judge asked the witness to tell the jurors which version was the correct version. He reminded Geoffrey how on Friday he swore that David was at home.

The witness replied at he had not confirmed with the police his brother was in Malta. "I had told them that he could have been in Malta or at home. But I'm sure he was at home on the night of the murder. He was at home until morning".

Brothers misled by police

In his reply, defence lawyer Dr Malcom Mifsud argued that the police misled the brothers when they questioned them in 2005.

"The police, with all their experience in such cases, had simply asked were David was. They did not specify a time and day. Based on the police question the brothers would have been seen as liars anyway".

He reiterated that the Zerafa brothers confirmed how at the time of the murder the accused was at home.

His whereabouts before and after that time is irrelevant the defence claimed.

Dr Mifsud explained to the jurors the statements taken in 2005 were not taken under oath. "Six police cars went to the residence and the mother fainted. The police questioned two brothers who neither knew how to read nor write", he said.

The defence concluded how witnesses Emanuel and Geoffrey Zerafa twice under oath told jurors their brother David was at home.

He said that the facts point to the accused being at home in Nadur and not at Marsalforn. "While everything is possible and he could have left the house through the roof or a window, the evidence produced does not place him on the scene of crime", Dr Mifsud argued.

He urged the jurors to use their good sense to conclude if a person under shock can identify a person after seeing him for a split second. The jurors should also evaluate the credibility of Rodney Vella and Steve Spiteri who claimed the accused had confided in them. David Zerafa had allegedly admitted with his former inmates to killing Dr Michael Grech. 

Dr Phillip Farrugia Galea and Maurizo Cordina are prosecuting. Dr Malcom Mifsud is appearing for the accused.

Lawyers Arthur Azzopardi and Kathleen Grima are appearing as parte civile.

Mr Justice Lawrence Quintano is presiding.