Defence argues against benefits handed to murder witness

The defence counsel of Jason and George Galea this morning submitted their arguments in view of the Witness Protection certificate issued by the Attorney General to Alfredo Attard, the man who buried the remains of three murdered men.

George and Jason Galea are charged with the double murder of Mario Camilleri 'l-Imniehru' and his son Mario Jnr in July 2013.

Appearing on behalf of Jason Galea, lawyer Joe Giglio said that on 22 July 2013, his client was arraigned and charged with voluntary homicide. "From the start of proceedings, the prosecution told the court that there were a number of civilian witnesses that had to give evidence. These included Emmanuel Farrugia and Alfredo Attard".

Farrugia was being investigated but the prosecution said they were close to concluding their investigation. In view of Attard, the prosecution said he was seriously ill and needed daily medical treatment and was practically impossible to be summoned to testify.  

On 4 October 2013, the court ordered that the medical doctor treating Attard be summoned, however the doctor never took the stand. Instead, the prosecution exhibited a medical certificate issued by Attard's doctor.

The court noted the contents of the certificate but ruled there was no reason for the witness not to take the stand and ordered that Attard be summoned for the following sitting. However despite the court orders, Attard was never summoned.

In March this year Article 636 of Chapter 9 and Article 81of Chapter 164 of the criminal code were amended. Consequently what was previously strictly a witness protection programme was extended to a witness from prosecution protection programme.

On 2 April, the Police Commissioner requested that Attard be given the legal benefits under this programme. The AG upheld the request on 9 April, describing Attard as a person who actively participated in the homicides of Mario Camilleri Snr, Mario Jnr and Matthew Zahra.

The AG's certificate was exhibited in the first sitting following the amendments, and Attard was deemed fit to testify. The defence argued that the fact that Attard was not summoned to witness seriously diminished Jason Galea's chances of getting bail.

The behaviour of the prosecution and the AG did not abide by the rules of natural justice, as the court was mislead through inaccurate information until the necessary legal amendments were made.

The defence invited the AG to consider placing the wife and children of Jason Galea under WPP, in its actual meaning, in view of a number of intimidatory actions they have suffered, with the latest being paint thrown across the facade of their house. While the police are investigating these actions, the aim of the defence goes beyond simple investigation. Giglio exhibited two photos of the paint on the facade.

"The defence is left with no option but to voice its concern about the fact that the legislation being introduced is eroding the powers of the court while empowering the AG's and prosecution's influence over the courts. Today every citizen, including the accused, should be worried about the ever increasing powers the AG has at his disposal".

Lawyers Giannella de Marco and Steve Tonna Lowell, on behalf of George Galea, raised the same arguments. "Evidence bought with the promise of such benefits violates the rights of the accused. We ask the court to refer the case to first hall of Civil Court in view of possible violation of the accused's rights", Dr de Marco added.

The court referred the case to the AG to note the submissions filed by the defence. The submission of the prosecution will be heard in the next sitting. The court reserved the right to issue a decree over the requests for bail.