Update 2 | Magistrate takes the stand in trail by jury

Pasqualino Cefai, 39 of Zebbug Gozo, ignored orders by Magistrate Josette Demicoli to stop stabbing Joseph Portelli back in June 2012, in her courtroom.

Taking the witness stand in Cefai’s trial by jury, Demicoli told the court she had ordered Cefai out of the courtroom after noticing he was becoming “agitated”.

Portelli and Cefai ended in a courtroom in Gozo after the latter failed to pay Portelli what he owed him.

Demicoli was presiding over the case and, on the day of the stabbing, the two appeared before her after Cefai filed a counter application to have a seizure warrant against him dropped.

“Cefai was getting agitated and claimed that Portelli wanted to starve his family. He left the courtroom on my orders but seconds later he rushed back in and assaulted Portelli,” the Magistrate said.

“I repeatedly called on Cefai to stop but he ignored me. In the commotion the witness stand toppled on the bailiff and at the same time the victim fell to the floor.”

Recounting the attack, Demicoli said she had not seen the weapon in the aggressor’s hands but only came to the conclusion after seeing the blood.

Lawyers who were in the court during the incident, where one man attacked and stabbed another, also took the stand to give their testimonies.

Kevin Mompalao, the lawyer who was representing Joseph Portelli in the fateful sitting of 2012, took the witness stand first.

He explained how Cefai had filed a court application to prevent the court from seizing two of his trucks to be relinquished to Portelli. "When the defendant claimed the trucks were the livelihood of his family, the plaintiff agreed to accept other cars. However Cefai started interrupting and was told to leave the court".

But Cefai went back in court shouting to Portelli, "you going to be the one to starve my family?” and started stabbing him with a three-inch blade. The lawyer said his client, the victim, did not react, not even when hit on the head and neck.

"It was a miracle how Portelli survived. Even when he fell to the floor, the aggressor kept stabbing him. The knife slipped from his hand when it got stuck in Portelli's back, but he tore it out and continued stabbing", Mompalao said.

The witness then realised that in the fray he had also been injured. "I saw blood coming out of a cut on my arm. I must have suffered the injury when I tried to protect my face", he said.

Defence lawyer Mark Vassallo argued that the witness had changed details from his evidence during the inquiry. However, the witness replied that he had been questioned while still under shock. “I did not sleep for two nights after the incident", the lawyer concluded.

Defendant's lawyer instructed him not to talk

The prosecution then read the testimony of lawyer Jean Paul Grech, who is currently abroad. Grech was the defendant of Pasqualino Cefai during the 2012 sitting. "I had told my client to let me do all the talking at court", the lawyer had said during the compilation of evidence. As the prosecution continued reading the testimony, the jury heard how Grech had tried to help the victim and stop the bleeding.

Another lawyer takes the stand

Prosecutor Gianella Busuttil then summoned to the witness stand lawyer Samuel Azzopardi. He said that on the day he had a court sitting at the Gozo Court.

"I was going through a file, sitting with my back towards the door. Magistrate Josette Demicoli was presiding a case between two Zebbug men. At one point the defendant was thrown out over some words he said, but I do not recall why exactly. Moments later I heard the door open again and saw Cefai approach Portelli and his lawyer. a commotion ensued, and I thought of calming them down.

"However I saw that Cefai was armed. I saw a dark coloured handle and a pointed item. I believe he stabbed him in the neck. Portelli tried to protect himself from the aggressor. Mompalao had his jacket torn. The Magistrate was calling for the police to be summoned. I went to call the police".

Bailif gave lawyer towels to stop bleeding

Bailiff Michelangelo Bajada told jurors that he was next to the bench of Magistrate Josette Camilleri. "When leaving the Hall, Cefai commented that the issue would escalate. I escorted him out and returned to call for police assistance from the magistrate's chambers, as I assumed that Cefai would be up to something - he looked stressed and anxious.

"I heard Magistrate Demicoli shout in alarm, so I rushed out. I saw  Cefai hit Portelli in a downward motion. Portelli had his hands over his neck to try and protect himself. I went to call for the police and request an ambulance", he said.

"Mampalao asked me to give him something to stop the bleeding. I gave him a towel and called the maid to bring more towels to help stop the bleeding".

In the commotion, the bailiff was injured in his leg, when the witness stand toppled over him. "I went to the clinic and they medicated my leg and issued a medical certificate for the injuries", he concluded.

The last witness before the jury broke for lunch was Court Deputy Registrar Maureen Azzopardi. She corroborated the evidence given by bailiff Bajada and reiterated that Portelli did not react but simply tried to protect himself.

"I tried to leave the hall. Cefai had something in his hands because I saw a handle of some sort. Till then I had assumed that Cefai was punching Poetelli not stabbing him. I saw Mompalao rush out and ask to be taken to hospital - he was wounded on his arm. When I managed to get to the magistrate's chambers I saw the victim the floor with Grech next to him", she concluded.

All witnesses identified Pasqualino Cefai, sitting in the dock, as the man who had assaulted Joseph Portelli.

Portelli was in danger of dying

When the trial by jury of Pasqualino Cefai continued this afternoon, Dr Michael Refalo described the wounds suffered by the victim.

He was the doctor on duty at the emergency room, when Portalli was flown in by helicopter form Gozo. Dr Refalo told jurors that Portelli had knife wounds at the back of his head, back, torso, hands, wrists and elbows.

The cavity between the lung and the chest was punctured and air had entered from the wound. Portelli had also suffered a fractured finger. His situation had been certified as critical.

The defence counsel argued that the doctor had never mentioned Portelli’s condition to be critical; however the prosecuting officer presented a transcript of Dr Refalo’s evidence during the compilation of evidence. From the transcript it is evident that while the doctor was about to describe Portelli’s condition, he was interrupted.

Victim had defensive wounds

Next on the stand was Dr Mario Scerri. He told juror that the wounds suffered on the arms of the victim could be described as defensive wounds, “as if the victim was trying to either take the blade from the aggressor, or cover parts of his body to protect himself from the knife wounds. The worst injuries were a laceration of the kidney and a punctured lung. “If the victim had not been operated upon immediately he would have probably died”, the doctor said.

Dr Scerri had also examined lawyer Kevin Mampalao. “The wound on the lawyer’s arm is permanent and can be easily seen within talking distance”, the witness said.

Joseph Portelli this morning told a jury of nine how he was stabbed by the accused Pasqualino Cefai, who owed him €12,000 in a payment that was also ordered by a previous court.

The victim was giving evidence in the trial by jury in which Pasqualino Cefai, 39, of Zebbug, Gozo, stands accused of attempting to murder Joseph Portelli, grievously injuring Portelli and lawyer Kevin Mompalao, causing more than €1,400 in damage inside the courtroom, being in possession of a penknife without a police licence, breaching bail conditions, committing a crime during a suspended sentence and relapsing.

Portelli, also of Zebbug, explained what happened in the courtroom of Magistrate Josette Demicoli back on 6 June 2012. The court had just started hearing final submissions in a case instituted by Portelli after Cefai had failed to honour a court’s order about outstanding debts.

The defendant started passing rude and derogatory comments and Magistrate Demicoli ordered him to leave the hall. “But a few seconds later, he ran back in and stabbed me from behind. I heard the door open but was not aware who came in. But a movement by Dr Kevin Mompalao made me turn and Cefai started stabbing me”, the witness said.

Portelli explained how a nerve in his arm was severed and a kidney was lacerated. “I could not take the pain and sank to the ground but he kept stabbing at my chest and hitting my lungs. I screamed in pain and was later told I had been stabbed 15 times in back of the head and my back”, the victim said.

Cefai then left the courtroom. Mampalao, who was also injured in the fray, knelt next to the victim and kept talking to him to prevent him from losing consciousness. “I drifted in and out of consciousness. At one point ,when I came  to, I found a priest next to me. Then a helicopter flew me to the hospital in Malta”, the victim said.

The prosecution is led by lawyers Lara Lanfranco, Gianella Buttigieg and Vinciene Vella from the Attorney General’s office, while Edward Gatt and Mark Vassallo are appearing for the accused.

Mr Justice Michael Mallia is presiding.