Update 2 | Prosecution in murder case faces dilemma over terminally ill witness

The prosecution in Matthew Zahra's murder case is faced with a dilemma as both the justice minister and the Attorney General are still debating whether or not to institute proceedings against Alfred Attard known as 'id-Deffien' who was present when the murder took place and helped dispose of the body.

In previous sittings, Jason Galea and Richard Urry, both accused of Zahra's murder in 2012, were denied bail when the prosecution argued that civilian witnesses had not given their evidence.

Prosecution inspectors Louise Calleja and Fabian Fleuri said discussions with the Attorney General and at Parliament were underway to determine whether Attard who suffers from a serious medical condition, should be summoned as a witness or arraigned.

"One has to see if given the man's medical condition it is worth issuing Attard some kind of pardon and at least hear his testimony of what ensued that fateful day. On the other hand, we could grant him the right not to testify in order not incriminate himself, and wait for his arraignment. However Attard's time could run out", Inspector Fleuri said.

Attard is currently undergoing chemotherapy.

Defence lawyer Joe Giglio stated it has now been a long 7-month wait for this decision. "Through the past months the accused has been detained while the rest of his life is collapsing", the lawyer said.

"In the same way the police accompany Attard to collect and sign for unemployment benefits, they could accompany him to this hall to give evidence", Dr Giglio argued.

Inspector Calleja said a decision will be taken in time for the next sitting.

More officers give evidence

Police Sergeant Glen Carabott was the officer who spoke to Matthew Zahra's father when the latter called at the police station to report his son missing. "Enquires  with Mater Dei and the Police Headquarters proven futile, so the Vice Squad Duty officer was informed about Zahra's disappearance. The report was lodged on 15 August 2012", the sergeant recalled.

Next on the witness stand was Inspector Kylie Borg stationed at the Valletta Police Station. Zahra's father informed the police his son, a taxi driver,  usually went home for lunch, however he missed lunch and his phone was off. Inspector Borg explained how the police released a photo of the missing man to the media while she spoke to Zahra's girlfriend Krystal Grixti, and Matthew's father to try and establish the taxi driver's whereabouts. Checks with the CVA showed Zahra leaving Valletta at 5:44am. Enquiries with service providers revealed Zahra had used his mobile phone to send SMSs and make phone calls. The texts had been sent while the user was in Valletta but the phone had been switched off at M'Xlokk.  A number of texts had been exchanged with the accused Jason Galea.

Inspector Borg was later informed that Zahra's Skoda had been found, locked, near the public toilets at M'Xlokk. Since the family had no spare key a side window was smashed but the forensic team found nothing inside that could lead investigators to find the missing man.

Accused's relatives testify

The 21-year old niece of accused Jason Galea, Krystal took the witness stand and told court she was spoken to by police officers in July 2013. " I had a white Skoda Favorit but it was registered on my mother's name. However apart from myself and mum others used the car".

In August 2012, her uncle Jason, with whom she had a good relation, asked her to lend him the car. His personal vehicle was being repaired and he wanted to save money on a car rental. "The Favorit was not being used much at the time so we gave it to him. Jason took the car and left it, without petrol, behind the B'Bugia church, for me to collect".

The car had been used for a couple of days however the sunvisors had been broken and the stereo was damaged. When Galea was told about the damage he said the visor had irritated him and gave his niece €100 to get it fixed. The car was subsequently given to Mark Borg, the boyfriend of Krystal's sister but the Favorit was later impounded.

"Jason always looked after us. He gave me a job and never used to hit or threaten me, however he did not open up to us. I had told Aunty Mona (wife of the late Mario Camilleri 'l-Imniehru) I had lent the car to Jason but we  never knew what he'd use the car for, When I complained the car was returned dirty he told me to clean it", the witness said.

Mark Borg described the Skoda Felicia given to him by his mother-in-law Doris Galea as being in a sorry state. "It was rusted, had missing sun visors and no radio. The transfer was made in January and I fixed it up but the police took it in July", he said.

Jason's brother Charles Galea also testified today. He said the accused had always been there for his family and also helped him financially. "I'm still shocked over my brother's charges. No one believed Jason could have got to this. In our younger days I was a little trouble maker so people thought it was me who did this. I don't know what got into my brother", the visibly stunned witness said.

Every Saturday the two brothers and their families spent the evening at the PL Club in B'Bugia drinking.

"We'd go say the rosary and hear mass in St Julian's and be in B'Bugia by 8pm. While there Jason would say he has a stomach cramp and go to the bathroom but he'd return with a worried face. Whenever I asked he mentioned something about salaries. But I was not convinced. It was disgusting how even at a family meeting Jason always had his phone stuck to his ear".

Told his relatives were sick of seeing him constantly on the phone and looking worried, the accused would reply by asking them not to ruin the fun they were having as the issue was simply about people collecting their wages. It was the wife of the witness who noted that a black vehicle always pulled up outside the Club and Jason would go out to talk to its occupants.

"We are known as a family who help each other. I begged him to seek help if he was in trouble, after all he is my closest brother from 11 siblings. I feel struck with a double edged blade. On one side I have my sister whose husband and son were murdered and on the other my brother, accused of their killings" Charles Galea sobbed on the witness stand.

Doris Galea, the accused's sister-in-law, confirmed details given by her husband Charles and daughter Krystal. Describing the relation she had with Jason Galea as being a close one she recalled going for drinks at the PL Club in B'Bugia every Saturday after mass.

"A posh looking black vehicle always turned up and Jason's wife would inform him about it. When we questioned Jason about it he said it was someone collecting wages. I told him its good that one picks his wage every Saturday evening," she said. However the car was noted another time while the accused and his relatives were eating in M'Xlokk.

Inspectors Louise Calleja and Fabian Fleuri are  prosecuting while lawyers Joe Giglio and Marion Camilleri are representing Jason Galea and Richard Urry respectively.

Magistrate Edwina Grima is presiding.