Hijackers identified themselves by putting hands up, court hears

The compilation of evidence against hijack suspects Moussa Shah Soko and Ali Ahmed Saleh continued this afternoon.

Soko, 27, and Saleh, 28, both of Sebha, Libya, are charged with hijacking the Afriqiyah Airways Airbus A320 on 23 December, amongst other terrorism-related charges.

The sitting got off to an awkward start, when two legal aid lawyers appeared for the same accused man: lawyer Martin Fenech having been sent to by the legal aid agency despite lawyer Patrick Valentino having been appointed as legal aid by arraigning magistrate.

As no request had been made by the accused to replace the defendant's lawyer, the court refused to replace Valentino, saying that if anything, it would be the court to order this. The court had not received any form of notification from the legal aid office. It was of the opinion that the accused, who had been assisted by Valentino during his arraignment, did not require another lawyer. “I don't think there should be another authority that imposes itself on the court... that these things are happening behind the court's back shows a lack of respect.” The court said it had not received any official communication of the replacement. “This was a shortcoming on the part of whoever it was,” was the court's diplomatic pronouncement.

Valentino said that although he had no objection to being assisted by another lawyer, he had not asked for this assistance. Such appointment should never be made by an agency in such a way as to undermine the sovereignty of the courts, he said. He requested the court to summon the head of the legal aid agency to give his reasons for giving instructions to Fenech to also assist the accused for the next sitting.

Assistant Attorney General lawyer Philip Galea Farrugia asked for the court to hear the case behind closed doors due to the fact that certain information about secret or sensitive procedures involved in the negotiations could emerge. The request was a precaution for the next two sittings. If the information reaches the wrong recipients it could cause security problems. The court declined, however, saying it would issue instructions as necessary.

A number of soldiers and security staff testified.

One soldier, who is not being identified on security grounds, testified to the arrest of the hijackers. He said he had been part of the team waiting below the aircraft. Together with a colleague, he had arrested one of the hijackers, Saleh, while two others arrested the second hijacker.

“We performed a quick search on his person, then put him in the vehicle. He was carrying a mobile phone and some money.”

Later, the team boarded the plane to see if anyone else was inside but the aircraft was empty.

Valentino asked how the accused had been identified as a hijacker. “He gave himself up. He identified himself by separating himself from the group and putting his hands up.”

“So would you have arrested anyone else had they also put their hands up?” the lawyer asked. “Yes, I would have,” the soldier replied.

Another soldier who had been involved in Saleh's arrest said the two men had exited the aircraft with the cabin crew. Once detained they had been transported to a holding area, under armed guard.

Cross-examined by Valentino, the soldier described the disembarkation as calm. The suspect he had seen left the plane with the crew, he said. Asked whether the crewmembers had appeared afraid or apprehensive, he said they hadn't.

An EOD (explosive ordinance disposal) soldier testified that no explosives had been found, but that imitation pistols and an imitation grenade were recovered.

Lawyer Joe Ellis is appearing for Soko.

Inspector Omar Zammit and George Cremona are prosecuting.

The case continues on 19 January.