Tuesday, February 28, 2017

Defence raises serious questions as Marsa shooting murder case continues

No blood was found near the house of a man who stands charged with shooting dead an attempted arsonist in Marsa, a court heard today. In fact, officers only found blood on the car the victim was allegedly driving, which was found some blocks away, and near the body.

This emerged during the compilation of evidence against Deniro Magri of Marsa, who stands charged over the murder of 25-year-old Sylvester Farrugia on 12 February.

The court had previously heard how Mr Farrugia was part of a group of people that had tried to set fire to Mr Magri's front door in St Paul's Street. The latter came out shooting, allegedly hitting Mr Farrugia once. The victim's body was found a few blocks away, in Simpson Street.

During today's sittings doubt were raised as to whether other people could have been involved in the killing.

Replying to questions by defence lawyer Giannella de Marco, CID Inspector Keith Arnaud said he could not rule out that the victim was hit while he was sitting in the car. He confirmed that a bullet had grazed one of the car seats. This jars with the version given by the accused, who told the police that he had shot at the men while they fled on foot.

Mr Magri said he had seen the men approaching his residence on a CCTV monitor. One was holding an object which Mr Magri believed could have been a fuel can or a bomb. He got his gun, shouted something from the window, and opened fire as they turned and ran. The accused had told the police that he was unaware he had hit anyone and only learnt of the death the following morning from the news.

Replying to questions by Dr Jason Azzopardi, who is appearing for the victim's family, the inspector confirmed that Mr Magri was, at the time he opened fire, not entirely sure of what was happening. "I asked him why he opened fire before checking what was going on. He said he didn't know, his first reaction was to shoot," the inspector said.

Inspector Arnaud said a jerry can filled with fuel and a makeshift torch were found near Mr Magri's residence. The cap of the jerry can was found in the stolen car that was being used by the victim. Another torch was found in his garage.

In the meantime, the actions of a man who was seen on CCTV footage in the same area on the night of the shooting further added to the mystery. The man was seen walking down Simpson Street twice, wearing a hood on his second run, shortly after the shots were fired.

Mr Farrugia's stolen Toyota Starlet was also caught in the footage driving down the same road. The hooded man was interrogated and first told the police he had not seen Sylvester Farrugia on the night and did not know what happened to him. When he was told he had been caught on CCTV he refused to speak.

Inspector Arnaud said the following morning, the same man had accompanied the victim's mother as she searched for her missing son in Marsa. At the time she did not know he had been murdered.

The man was now swabbed for gunshot residue because "there were no indications that he had shot at someone."

In the meantime a woman reported finding a lot of broken glass, possibly from a car window, in Triq Ghabex, which is adjacent to St Paul Street, on the other side of the block. The woman had already swept up the glass and thrown it away.  The woman said she had not heard any shots fired in her street.

The gun used by Mr Magri has not been found. The accused told the police he had thrown the weapon away near December 13 Road.

Lawyers Giannella de Marco, Jean-Luca Caruana Curran, Franco Debono and Marion Camilleri are appearing for the accused. Dr Jason Azzopardi is appearing for the victim's family. The case is being heard before Magistrate Aaron Bugeja.



from The Malta Independent http://ift.tt/2m7WNSk
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