Photos show injuries suffered by Gozo man accused of running over his assailant

John Spiteri, the man who died after Gerald Galea ran him over in his car, punched and also attempted to strangle Galea before the 63-year-old tried to flee for his life.

MaltaToday gained access to exclusive photos showing the injuries Galea sustained in the ordeal. The photos show the injuries to Galea's eyes, face and upper body. Two days after his arraignment, marks around Galea's neck had turned purple, clearly showing the attempted strangulation of the elderly man.

The photos, which were presented in court during the compilation of evidence, shed new light on the murder case. The puffed eyes corroborate the accused's statement in which he claimed he was unable to see where he was driving and was attempting to leave the scene when he felt his Daihatsu Terios go over a bump. The strangulation marks and various bruises contradict the evidence given by Spiteri's son, who claimed he punched Galea once the victim had been run over.

The case happened on 19 June 2013 at 3:15pm in Triq Santa Marija, Qbajjar. Galea, who used to reside in New York, was visiting his family in Marsalforn.

The victim, 54, and his 24-year-old son Matthew were at the Qbajjar car park setting up their summer kiosk. Under oath, the son has claimed that while waiting for Enemalta's workmen, he and his father started clearing up the area and came across an overgrown shrub. The father proceeded to cut the shrub when disaster struck.

Gerald Galea, an elderly man who had returned to Gozo to retire, was on his way to pick up his mother and take her for her daily visit to the Ta' Pinu church. While driving, he saw the Spiteris cutting the shrub. In his hometown of New York, Galea is known for his environmental work and regularly organises fundraising events to help support environmental groups in his neighbourhood. He also has close ties with law-enforcement authorities, particularly the rangers who patrol parks.

Galea identified the shrub as a protected species of tree known as a 'tamarisk bruka'. The elderly man immediately approached the Spiteris and told them to stop cutting the tree, as it was protected. "It is impossible that Gerald shouted abuse at the men, as it is not in his nature to be loud," sources close to the accused told MaltaToday.

Rather than stopping the pruning, the two men allegedly shouted abuse at him and went on with their work. Galea told them he'd be reporting them to the police. At this point, John Spiteri instructed Matthew to take note of Galea's number plate so they could also report him to the police. Galea reacted by stating that contrary to them, he was doing nothing illegal.

From the witness stand, the victim's son held that his father punched Galea through his car window. He also alleged that the accused then circled the car park, revved up his engine and ran over his father. When Galea got out of the vehicle, Matthew punched him to protect his father, who was lying on the ground.

However, the exclusive photos published by MaltaToday show that Galea had suffered more than two punches. Purple grip marks around his neck show that someone attempted to strangle him. The medical doctors who treated Galea after the incident certified that he had suffered fractures to his face. An eyewitness claimed that she thought the two men had killed Galea in a fistfight.

The new photographic evidence corroborates Galea's version of events. The accused claimed that after he had informed the Spiteris he was going to report them, he was assaulted by the father. While still in his car, Galea was punched, and Spiteri grabbed him by the throat in an attempt to strangle him. Strangulation marks and bruises around Galea's neck were visible only in photos taken some days after the incident.

Barely seeing through the swelling around his eyes and on the edge of consciousness, Galea attempted to flee the scene. As punches continued raining down on him and confusion seized his mind, the elderly man stepped on the throttle to escape further injuries. The Daihatsu Terrios lurched forward and crashed into a wall and another tree moments later. Prior to the impact, Galea felt the car lurch over something but was not aware it was his aggressor. Shaken from his injuries, the accused emerged from his car only to be punched again, this time by the victim's son. Galea's injuries prevented him from recognising his own brother, who had arrived on the crime scene.

Minutes later, the police arrived on-site and both the older men were taken to hospital by ambulance. John Spiteri died hours later in hospital, possibly due to internal bleeding from the injuries he had sustained.

The compilation of evidence began on 21 June at the Gozo Court. Magistrate Neville Camilleri attempted to piece together the events that had led to John Spiteri's death. When the prosecution had presented its civilian witnesses, the defence attorney demanded bail, which was denied. On 8 August, Galea was granted bail after the defence filed a court application.

On 12 August, in a counter request, the Attorney General asked for the revocation of bail, as it had been granted at a very early stage of the proceedings. The AG argued that while the accused has family in Gozo, he also has strong ties with foreign countries and nothing precludes him from absconding. The AG held that the bail conditions imposed on Galea were also too lenient. The 63-year-old pensioner was granted bail against a €5,000 deposit and a €20,000 personal guarantee, and he is not permitted to leave his Gozo residence between 8pm and 7am.

The following day, on 13 August, Justice Antonio Mizzi threw out the AG's application. The judge held that no evidence had been brought forward to sustain the claim that the accused might abscond; hence the court had no justification to revoke bail.

Gerald Galea stands accused of killing 54-year-old John Spiteri and with the attempted murder of 20-year-old Matthew Spiteri, both from Rabat, Gozo. He is also accused of dangerous driving, voluntary damage to government property, damaging the vehicle belonging to Spiteri and damaging Joseph Hili's car, which Galea was driving at the time.

Inspectors Bernard Charles Spiteri and Chris Pullicino are prosecuting, and lawyers Arthur Azzopardi and Kathleen Grima are appearing for Galea. Dr Joe Giglio is appearing as parte civile.

The case is scheduled to continue on 20 August.