Issue link: https://maltatoday.uberflip.com/i/327636
maltatoday, WEDNESDAY, 11 JUNE 2014 3 News CHRIS MANGION A magistrate acted out an unusual role yesterday, taking the witness stand to testify in a jury trial about a stabbing by a litigant in her court room two years ago which left the victim in a critical condition. In the dock was Pasqualino Cefai, 39 of Zebbug, Gozo, who was owed money by Joseph Portelli, also of Zebbug, his victim that day. Cefai is accused of attempting to murder Joseph Portelli, grievously injur- ing him, and injuring lawyer Kevin Mompalao, causing more than €1,400 in damage in the courtroom, being in possession of a penknife without a police licence, breaching bail conditions, committing a crime during a suspended sentence, and relapsing. Magistrate Josette Demicoli told the trial, presided by Mr Justice Michael Mallia, that she had ordered Cefai out of her courtroom after no- ticing he was becoming "agitated". Magistrate Demicoli was presid- ing the case between the two and, on the day of the stabbing, Cefai and Portelli 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 court- room on my orders but seconds lat- er he rushed back in and assaulted Portelli," the magistrate said. "I repeatedly called on Cefai to stop but he ignored me. In the com- motion the witness stand toppled on the bailiff and at the same time the victim fell to the floor." Recounting the attack, Magistrate Demicoli said she had not seen the weapon in the aggressor's hands. Lawyers who were in the court during the stabbing also took the stand to testify. Kevin Mompalao, counsel for vic- tim Joseph Portelli, was the first to testify. He explained that Cefai had filed a court application to prevent the seizure of two of his trucks. "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". He did that, but returned, shouting to Portelli, "you are going to be the one to starve my family?" On which he started stabbing Portelli with a three-inch blade. The lawyer said his client did not react, even when hit in the head and neck. "It was a miracle that Portelli sur- vived. 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 said he 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 in- jury when I tried to protect my face", he said. Defendant's lawyer instructed him not to speak The prosecution then read the tes- timony of lawyer Jean Paul Grech, who is currently abroad. Grech was Cefai's counsel during the 2012 sit- ting. "I had told my client to let me do all the talking at court", the law- yer had said during the compilation of evidence. As the prosecution con- tinued reading the testimony, the jury heard that Grech had tried to help the victim and stop the bleed- ing. Bailiff gave lawyer towels to stop bleeding Bailiff Michelangelo Bajada told the trial he was next to the magis- trate's bench. "When leaving the hall, Cefai commented that the is- sue would escalate. I escorted him out and returned to call for police assistance from the magistrate's chambers, as I assumed that Ce- fai would be up to something - he looked stressed and anxious. "I heard Magistrate Demicoli shout in alarm, so I rushed out and 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 re- quest an ambulance", he said. "Mompalao 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. 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 resumed in the afternoon, Dr Michael Refalo de- scribed 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 testified 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. Victim had defensive wounds Next on the stand was Dr Mario Scerri. He told the jury that the wounds suffered on the arms of the victim could be described as defen- sive 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. "The worst injuries were a lacera- tion of the kidney and a punctured lung. If the victim had not been op- erated upon immediately he would have probably died", the doctor said. Dr Scerri had also examined law- yer Kevin Mompalao. "The wound on the lawyer's arm is permanent and can be easily seen", the witness said. Victim Portelli testified that he was stabbed by Cefai, who owed him €12,000 in a payment that was also ordered by a previous court. Portelli described what happened in Magistrate Demicoli's court- room on 6 June, 2012. The court, he said, had just started hearing final submissions in a case instituted by the victim after Cefai had failed to observe a court's order about out- standing debts. The defendant started passing rude and derogatory comments and Magistrate Demicoli ordered him to leave. "But a few seconds later, he ran back in and stabbed me from behind. I heard the door open but was not aware who had come in. But a movement by Dr Kevin Mompalao made me turn and Cefai started stabbing me", the witness said. Portelli explained that 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. Mompalao, injured, knelt next to the victim and kept talking to him to prevent him from losing con- sciousness. "I drifted in and out of conscious- ness. At one point , when I came to, I found a priest next to me. Then a helicopter f lew me to the hospital in Malta", the victim said. Lawyers Lara Lanfranco, Gianella Buttigieg and Vinciene Vella are prosecuting, lawyers Edward Gatt and Mark Vassallo are appearing for the accused. Magistrate testifies about stabbing in her courtroom Joseph Portelli was stabbed 15 times inside a courtroom in Gozo