Accused had relationship with murdered victim

Ismael Habesh, accused of murdering transvestite Sion Grech in 2005 had a relationship with the victim, a court heard today.

The 42-year-old Libyan national, protested loudly in court claiming that he was not being notified of when his case is due.

Co-accused Tunisian national Faical Mahouachi, also 42, voiced his concerns that he was wrongly accused and at the time of the incident he was abroad.

He claimed that his legal aid lawyer Joseph Ellis never turns up for his sittings.

The court presided by Magistrate Carol Peralta ordered that legal aid lawyer Joseph Ellis is reminded of his legal aid duties towards Mahouachi.

The accused was informed that should the lawyer fail to appear in court again he would be replaced.

First on the witness stand was 79-year-old Carmel Magro of Paola. He recounted how back in 2005 he had taken pity on an Arab national called Jamel, when the latter told him that he had nowhere to stay and was famished.

Jamel stayed with Magro for two years, but was kicked out of the house when Magro found out that he was being charged in court. The elderly witness said he does not recall what Jamel was charged of but he remembers him being jailed.

The witness said that Jamel never took people to their residence, however once a man turned up claiming to be Jamel's brother.

He had spoken to this man across the hallway. The visitor informed him that he was Jamel's brother and had come to inform him that their mother was seriously sick.

Another time while Jamel was giving Magro a lift in his vehicle, they met another man of Arab descent who asked Jamel about a Ford Escort he had previously owned, but Jamel informed him that he had since sold it.

Later, a friend of the murdered person, Nikolina Portelli explained to the court that she was a good friend of Sion Grech since the victim's parents had raised her daughter.

In the morning of the day Grech went missing, the two had met outside the Detox Centre at around 11am and together they went to cash a cheque in Paola.

On the way, the victim confided in Portelli  that he was taking pills due to problems with boyfriend Ismael Habesh who refused to leave his wife for Grech.

Grech also told her that he had started wearing tracksuits as Habesh did not want him in skirt and heels from the morning.

Later the two returned to the Detox Centre and met Habesh in a bar in the area. Habesh argued with Grech telling him off for talking to him in public.

Allegedly Habesh's wife had caught her husband with Grech and was aware of the extra marital relationship. Portelli left Grech with Habesh and later saw them in Pieta'.

Inspector Ray Aquilina told the court that in 2005 he was assigned at the Vice-Squad and was informed of Grech's disappearance and when Inspector Louise Calleja told him about a search in Marsa he joined in.

The search led by Ismael Habesch took place in the area of Triq is-Salib and Xatt il-Moll. In a clearing behind Cassar Shipping, the police found a mattress on the ground. The mattress was allegedly used as a base for sexual favours and as a resting place for homeless people.

Habesh then led the police to a field next to the former HSBC branch. It was late in the day and it was dark so the police put off the search for the following morning. When the search resumed, Inspector Carmel Bartolo, now a Superintendent, joined the search team.

He noticed a spot where the grass seemed trampled and this made him suspicious. Together with another officer they walked towards the centre of the field were they found the decomposing body of Sion Grech.

Inspector Aquilina continued that he had taken a different route into the field, and from his position he could see what the other officers had found. He also noticed a pathway leading to the centre of the field.

The grass in this pathway was trampled inwards as if something was dragged into the field. The police retrieved one woman's shoe from this pathway.

Inspector Aquilina informed the court that he was not involved in any further investigation of the case.

During the sitting, Police Sergeant Alfio Borg exhibited a video taken at the crime scene. The video footage was presented late in the proceedings as it had gone missing. However it was now retrieved and exhibited in court.

Magistrate Carol Peralta postponed the hearing for November when the lengthy testimony of investigating officer Carmel Bartolo will be heard.