Malta Independent

Victim was already face down on the ground when car drove over him

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A man who was killed during an argument over tree pruning in Gozo was already lying face down on the ground when the accused allegedly ran him over, a court heard today.

Pensioner Gerald Galea is facing a trial by jury over the 2013 incident, which took place on the Qbajjar promenade. Galea stands charged with the homicide of John Spiteri, as well as the attempted murder of the victim’s son, Matthew Spiteri.

Jurors today heard the testimony of forensic expert Mario Scerri, who said the victim had died from complicati­ons from the crush injuries he suffered when he became pinned under the car.

There were some emotional scenes as the jury was shown pictures of the victim, who was in a bad state when he arrived in hospital and was unable to speak because he was having difficulty breathing.

The forensic officer said John Spiteri had suffered a heart attack and died a few minutes later.

Scerri said the victim had suffered extensive internal injuries and “couldn’t be helped medically.” The man was covered in bruises and abrasions, showing he had been dragged, and had tyrescrape marks on his body.

Jurors were told that the man had ended up beneath the car, headfirst and face down, and was dragged for a distance.

On the other hand, the accused’s left eye was swollen shut and he also had bruises on both sides of his face. He had a fracture to his right temple and nasal bone. These were compatible with receiving a number of punches to the head.

Spiteri’s son had some bruises and scratches but these predated the incident.

Under cross examinatio­n, the witness said swelling on Matthew Spiteri might have been the result of a punch thrown or received. The injuries were, however, not compatible with hanging off the door of a speeding car.

Dr Scerri also said damage to the bumper of Galea’s car was not caused by the impact with the victim. Furthermor­e, the victim’s injuries were not compatible with someone being hit by a vehicle. There were no broken long bones. “He could not have been hit by the car. There would have been marks on the vehicle,” he said, adding that the victim was probably already on the ground when the car drove over him.

The defence noted that a witness had previously said he saw a man being chased by a car. The man then fell and the car went over him. Scerri said this account was credible according to the injuries he had seen.

He also confirmed that the accused had been punched at least four times and that the fracture to the eye socket was caused by a very strong blow.

Asked if the punches could have caused a rush of adrenalin, the forensic expert said Galea had been lucky he did not suffer a stroke or die.

Lawyers Kevin Valletta and Giannella Busuttil from the Attorney General’s Office are prosecutin­g.

Lawyers Arthur Azzopardi and Jason Azzopardi are defence counsel. Lawyer Joe Giglio is appearing parte civile for the Spiteri family.

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