Updated | ‘Accused was blinded by profit’ - Prosecution

The defence counsel for Gordon Dimech, 35 of Hamrun, who stands accused of aiding and abetting the trafficking of asylum seekers, has argued that the crime was impossible to execute due to the small size of the speedboat he allegedly provided for the transport of some 14 migrants.

The incident happened in December 2005, but a crossing to Italy never took place due to inclement weather. A second crossing in March 2006 by the same asylum seekers ended in tragedy, and the arrest and imprisonment of four survivors, leading to the arrest and indictment of Dimech for his role in the 2005 attempted crossing. His accomplice, Dennis Mackay, has since passed away.

In the closure of submissions today, Dimech's defence asked the jury to consider whether 12 men with jerrycans containing 150 litres of fuel, clothing and food, could fit in the speedboat Mackay had provided. "The journey was an impossibility, and a failure from the get-go," attorney Stefano Filletti said.

"It's a story that has a mixed pot of lies. The asylum seekers had nothing against Dimech, but they went to great length to get out of trouble. Three of them have returned to their country of origin, but seven years later, Dimech is still in the dock.

"They had an interest in escaping from Malta. They strove to leave the island not because of oppression, but for a better life on mainland Europe. They looked for ways to escape and went to great lengths to achieve this," Filletti said.

He also accused Hafis Bertawi, one of the survivors who has since absconded from the island or repatriated, as the organiser of the crossing. "He bought the boat, and laid the plans for the escape. It was Bertawi who was known with illegal migrants as the man who organises escape trips to Italy. He collected the money and paid the Maltese for the boat. Yet Bertawi was never charged with organising, aiding and abetting in the escape."

Filletti said Bertawi allegedly collected over Lm3,000 (€6,400) from the asylum seekers who boarded the boat but paid only Lm1,900 to Dimech and Mackay. "The accused did not profit from the sale, and he did not even collect the agreed amount owed to him for the boat."

Filletti also told jurors that all survivors of the crossing said Bertawi had been the mastermind for the crossing, and yet Bertawi himself blamed an unidentified Sudanese national whose name was said to be 'Sadik Rasta'. "The police never attempted to trace this person yet decided to believe Bertawi's version of events. Sadik is not a name but means 'friend' while Rasta is the name of a kind of religion."

Filletti concluded a three-hour submission stating that the only consistent witness in the trial was Dimech himself, and appealed to jurors to pore over the evidence and appreciate the differences between those who had lied and those who had told the truth.

Update - Prosecution says Dimech knew boat was required for illegal escape

The trial by jury of Gordon Dimech entered its third day, with the prosecution led by Lara Lanfranco portraying the 35-year-old Hamrun man as having been fully aware of the reason for the purchase of a speedboat he owned, by Sudanese asylum seeker Hafis Bertawi.

"He was told the boat was required for an illegal escape. He knew he was dealing with asylum seekers and he knew they were awaiting for the right weather conditions," the Attorney General said.

Lanfranco told the jury that it was irrelevant of whether or not he had profited from the trafficking. "He still aided this escape to make it possible. He was blinded by profit, and his greed for an earner precluded him from caring for the safety of these asylum seekers.

"Dimech sold the speedboat to Bertawi in full knowledge of what was to follow. He was there when Bertawi spoke to Mackay and he himself drove Bertawi to the quay at Marsamxett. He is not charged with being the mastermind behind the attempted escape, he's charged with aiding and abetting with the intent to make profit, and this has been proved."

Gordon Dimech has admitted to being one of the two men who sold the boat to Bertawi, and that he was present at Marsamxett when the asylum seekers boarded the boat. Lanfraco told jurors to decide on this case with their heads, not with their hearts. "If you find it in your conscience to believe that he did not know the boat would be used for the crossing, then acquit him."

The case continues with the final submissions of the defence lawyers and the concluding address of Mr Justice Michael Mallia, who is presiding the trial.