Updated | David Zerafa given life sentence

David Zerafa was this evening sentenced to life in jail after he was convicted of the murder of Gozitan lawyer Michael Grech. After six hours of deliberation, jurors found David Zerafa guilty of the murder which took place in 2004. 

The verdict of eight against one was read out by the chief juror. Zerafa, 39, from Nadur, was also found guilty by seven jurors against one of illegally arresting the lawyer. Eight jurors found the accused guilty of possession of an unlicensed firearm and firing the weapon in public.

Mr Justice Lawrence Quintano sentenced David Zerafa to life in prison over the willful murder of Dr Michael Grech.

"Being under medication does not lessen the responsibility of the convicted. The images of blood and brain matter on the scene of crime prove how the killing of Dr Grech had elements of cruelty and highly gruesome", the judge held. "Shooting the victim was not enough. The aggressors proceeded to smash the victim's skull. The attack did not happen on the spur of the moment or in a fury of passion, but was well planned and premeditated".

This is the second life sentence handed by the Maltese courts this year. Ronnie Azzopardi was handed a life term in jail by Judge Michael Mallia after jurors return guilty verdict for attempted murder, but not murder of an innocent bystander in 2005 Zejtun bombing.

Dr Malcom Mifsud will be filing an appeal.

On 25 May, 2004, Grech returned home at around 10 pm. Zerafa was waiting for him on the steps leading to the fourth floor of his apartment in St Mary Street. He shot the lawyer, hitting him in the neck. With a bullet lodged in his lung, the victim descended the stairs and ran into Triq ix-Xtut.

Zerafa caught up with the lawyer and severely beat him. The victim's glasses were later found in a puddle of blood in the street.

Grech was dragged unconscious into a nearby garage which was under construction. Here, his skull Grech was smashed with a baseball bat. His body was found minutes later by his wife, Maria, lying face down in a pool of blood.

A year after the gruesome murder, Zerafa told two fellow inmates details of his actions. Subsequently, Steve Spiteri and Rodney Vella informed the police of Zerafa's admissions.

Days later, Zerafa was arraigned and charged with Grech's murder.

On 10 June, nine years after the incident, Zerafa faced a trial by jury.

Phillip Farrugia Galea and Maurizio Cordina prosecuted while Malcolm Mifsud appeared for Zerafa.

Arthur Azzopardi and Kathleen Grima appeared a parte civile.

Justice Lawrence Quintano thanked the jurors, and expressed his appreciation for their commitment to the trial, even being away from their families over Father's Day.

The trial lasted nine days.

Prosecution demands life term

Farrugia Galea, from the Attorney General voiced the prosecution's submissions on the punishment.

"The almost unanimous verdict and a voluminous criminal record make the accused unfit to stay in society," he said.

Since 1993, Zerafa has accumulated various convictions over threats and assaults. The prosecution said the law is crystal clear in such instances and asked for a life sentence.

Azzopardi, appearing a parte civile, explained how Grech ran away from the scene to protect his family.

"He ran from the scene to distance his attackers form those he loved. Still alive, he was dragged and brutally killed outside the family residence," he said. 

Asking for a life sentence, the lawyer continued: "The convicted intended to inflict the biggest trauma on the family by murdering the man outside his family residence. And he has succeeded. Finding the husband and father dead outside their door traumatised the wife and children for life."

Azzopardi said the children were in a delicate time in their life and that the victim's wife lost the man who shared her life since they were 17.

Defence counsel Malcom Mifsud told the court he understands the pain of the victim's family.

"The need to get a conviction and the sense of revenge expressed by the family's lawyer are also understood; however, the courtroom is a place for justice," he said.

The defence objected to the prosecution's submissions, claiming murders should not be classified according to the victim's job. While no wilful homicide can ever be justified, demanding a life sentence because the victim is a lawyer, is not right.

Mifsud reminded the court of Joe Azzopardi's conviction in 2011. Found guilty of murdering a prostitute in 1999 and hiding the body, Azzopardi was convicted for 29 years. 

"The prosecution had not asked for a life sentence in that case so why ask for life simply because the victim is a lawyer. If justice is to be served, Zerafa should not be given a life sentence. How can I ever explain to my client these discrepancies in the punishment mitigated?" the defence asked.

Mifsud argued the case had its negative effect on the convicted himself. "Even if acquitted he would still bear the burden of facing a trial accused with murder," the lawyer said, explaining how Zerafa is being medically treated by psychiatrist Joe Spiteri for depression. The convicted suffers from a bipolar disorder.

The Grech family, through their lawyers Arthur Azzopardi and Kathleen Zerafa, reiterated that they were not seeking revenge.

"We are equally happy and sad. A conviction does not bring Michael back to us," they said. The family thanked the prosecutors and investigators for their work and urged them to keep working so Zerafa's accomplice is brought to justice too.

Justice Quintano retired to his chambers. The court was adjourned to 5.25 pm for sentencing.