Murder victim seen entering Marsa bar with blood dripping from hand

An irate Magistrate Carol Peralta severely reprimanded a witness about the consequences of perjury after the prosecution highlighted various discrepancies between the evidence given in court, and the statement the witness had released to the investigators.

Witness Reno Vella, a taxi driver, was testifying in the compilation of evidence against Ismael Habesh and Faical Mahouachi, accused of the murder of transvestite prostitute Simon Grech, who was found dead in a derelict field in Marsa on 13 April 2005 after having been reported missing for several days. Autopsy reports revealed he had been stabbed multiple times.

Vella told the court that on 5 April 2005, while watching a Champions' League football match at the White Stars bar in Marsa, he was asked by a certain Ismael Habesh at 8pm to drive him to Mosta. "I refused, telling him I wanted to watch the game, but on the insistence of the barman I drove him to Hamrun to get a bus. I don't remember anyone else entering the bar."

Defence lawyer Joe Ellis protested with the court that prosecuting inspector Chris Pullicino's questions were too direct, and the witness was asked to leave the courtroom while Pullicino defended his right to ask questions on the statements the witness released during the investigation.

Ellis again objected, saying the witness had not concluded his testimony, but the court upheld the prosecution's request, as it believed that the witness was changing his version of events. Upon the witness's return on the stand, Magistrate Peralta severely warned the witness that he would be jailed if he lied on his testimony.

Inspector Pullicino proceeded to read the statement Vella had released back in 2005. "I had seen Simon [Grech] various times at White Stars but he never stayed long. On that day he entered the bar with an empty Heineken bottle and blood on his hand. He asked the barman to give him change to make a phone call. While Simon was on the phone, the barman threw away the empty beer bottle. Simon returned to the barman and asked for the bottle but was told it was in the rubbish. The barman advised him to seek medical help as the wound on his hand was dripping blood and looked like it needed stitches."

Vella explained to the court that had been eight years since the murder, and that he had forgotten what he had told investigators. After hearing the statement read out, he recalled someone had entered the bar with blood dripping from their hand and asking for a tissue. However he said he could not recall anything else.

Anthony Sciberras, the former barman of the White Stars Bar, confirmed that at around 5:30pm on the fateful evening the victim entered the bar with "a lot of blood" on his hand and carrying an empty beer bottle. "He told me he had been assaulted and I told him to go to the Hamrun police station, but I do not know if he actually went there. He had a Jack Coke, made a phone call and left. I assume he carried the bottle for own defence as he looked afraid," he said. The witness explained he knew Schembri was a prostitute because of the clothes he wore.

That same evening, Habesh entered the bar asking Vella to take him to Mosta. "The driver refused but I told him to take him to Hamrun, so that at least he gets a bus. So he took him there," Sciberras said.

He also confirmed Habesh had asked him if he had seen the victim, but he replied that Grech had turned up earlier but left after a short time.

The last witness, Kenneth Schembri, confirmed that he had the Ford Escort that had been stolen from his employer on Tuesday, 5 April, passing through Palm Street, Paola. "I called the owner, and informed the police, and he asked me to follow the vehicle."

After 30 minutes, the car stopped in Marsa in the area of the old power station. The car was eventually stopped by the police.

In a previous sitting, another prostitute Karen Rapinett, had testified that on night of the murder, she saw Simon Grech turn up for work and get into the car driven Ismael Habesh and co-accused Faical Mahouchi, who beat him up until the victim lost consciousness. The witness said she saw Habesh produce a knife and heard the victim scream in pain, but that she left the scene when a client picked her up. When she returned the two men were sitting in the red Ford Escort with their clothes covered in blood. They warned her she would end up like Simon Grech if she spoke about the incident.

At the end of the sitting the court rejected a request for bail for Faical Mahouachi, based on the seriousness of the crime, the proceedings are in their early stages and the fear of absconding. The court also issued two arrest warrants for witnesses Dorianne Galea and Ronald Grima, for not honouring the court's summons to give evidence.

Case postponed for 21 January 2014