A request by the original owner of the Volkswagen Tiguan used in the Sliema double of murder of Christian Pandolfino and Ivor Maciejowski was turned down by the court on Tuesday.
The car which was stolen two years ago, was found in a parking lot close to St Luke’s Hospital after the police investigated the CCTV footage retrieved during the investigation.
The gathering of evidence against 36-year-old Viktor Dragomanski, the second suspect charged in the Sliema double murder, continued on Tuesday morning.
Dragonmanski was the second suspect to be arrested following the arrest of 25-year-old Albanian national Daniel Muka.
The third suspect, Jesper Kristiansen, managed to escape from Malta only to be arrested shortly after in Spain where he is facing extradition to Malta.
While both Muka and Dragomanski have admitted their role in attempted theft, the two suspects have blamed each other for the murder.
At the end of Tuesday’s sitting, the Court ruled that it was still early during the proceedings to release the car which is evidence in this case.
The next sittings are on 19 November 11.15 and 22 December at 9am.
They are deciding whether a sitting should be held on 19 November and send the files to the AG after that sitting or send the files now and have a sitting on 21 December.
He explains that the application has been turned down since the proceedings are still in its early stages.
Magistrate Joe Mifsud says that there was a court application by a certain individual to retrieve the VW Tiguan.
The next sittings are being planned.
There are no more witnesses for today.
Dr Brincat walks back in.
Police Superintendent James Grech who is now stationed at ECU, presents an envelope with €950 which were found on Dragomanski.
On 27 August, Mamo and other officers carried out a search at Dragomanski's residence where they found an orange cap, a tank top and shoes which the suspect was wearing when he was spotted outside the cafe in Msida.
Mamo explains how Dragomanski was arrested.
The witness is now recounting how one of the three suspects entered a cafe in Msida, asked for the WiFi password and left for Sliema in a taxi.
The mobile used to book the Bolt taxi was that of Kristiansen.
Mamo says that after the VW Tiguan was found, they continued investigating the CCTV footage and followed the three suspects.
Mamo goes through the work carried out by the police on the CCTV footage retrieved and how they found the VW Tiguan.
On 21 August he was instructed by Inspector James Grech and another surgent about the investigation of a double homicide in Sliema. He explains that from the information they had, the suspects had fled on VW Tiguan from the scene. He adds that the licence plates were stolen.
Police constable Sandro Mamo takes the stand.
They retrieved the corpses and took them to the morgue.
The witness is testifying in Maltese. He says that on 18 August he was on his night shift with his colleague Edward Zammit. It was around 00.30am that they were called to go to a residence in Sliema.
Oliver Magri, a police constable, takes the witness stand.
The witness says that it is next to impossible of creating an inventory of the house.
Another witness take the stand, Vincent Ciliberti, who photographed each and every room of Pandolfino's and Maciejowski's residence. The witness says that proceedings were all recorded and there is a CD which shows how they documented the house.
Dr Vassallo is appointed to transcribe the testimonies of some witnesses.
Dr Katia Vassallo presents the translation of the three individuals who gave evidence in Maltese.
She presents transcripts of the statements given by Dragomanski.
Dr Marisa Mifsud (not relation to the presiding magistrate) takes the stand.
The next sitting on 19 November at 11.15am.
Dr Brincat asks whether it was one or two firearms, with Dr Scerri replying that he is a ballistic injuries expert.
Dr Giglio remarks that it is possible that we are in the realm of speculation because Pandolfino could have been gasping for his last breath.
Dr Scerri says that a shot to the brain is rapidly fatal.
"Essentially according to the dynamics of the case, the aggressors went in and shot Pandolfino. These shots were rapidly fatal and Pandolfino died. Then Maciejowski was shot and died," Dr Scerri says.
Dr Scerri presents his report.
'It shows that they were fired at a close range shot,' Dr Scerri says explaining that contact shots would have produced an "explosion". For Maciejowski, the lesion was slightly different because it was fired from further away.
"That shot is rapidly fatal," he adds.
Dr Giglio asks whether it would be in his remit to determine the distance from where the shots were fired.
"The victim must have turned and the shot labelled six, was an abraded shot," Dr Scerri explains.
Dr Scerri says that there five shots and two exits.
Dr Scerri says that there was a shot on the lip, the right side of the neck, a direct hit that went through the heart, among others.
Dr Scerri says that the door had some scratches. Pandolfino's body was on his side and there was blood on the floor. There were shells on the right side of the victim. Other cartridges were found on the stairs.
Dr Mario Scerri takes the stand and presents his report.
Dr Ali Safraz says that it was an "effective range" but no contact.
Dr Giglio asks the witness whether she could explain the distance between the person was firing and the victim.
Dr Buhagiar explains that Ivor Maciejowski was shot straight in the face.
The medical expert explains that the bruises are labelled accordingly in the report.
A total of 12 wounds. In the report, the 12 wounds are described accordingly.
Dr Buhagiar says that some bruises had to do with the injuries sustained due to the gunshots.
Dr Buhagiar goes quickly through the report and confirms.
Dr Giglio: Am I correct to say that there are five entry wounds and two exit wounds?
Dr Giglio takes over questioning. He asks about the first report.
Dr Buhagiar says that for Ivor Maciejowski had a single entry and exit wound.
Projectiles were found in the heart and the stomach. A projectile went through the cranium. He was certified dead of multiple gun shot injuries.
Dr Buhagiar explains that the first body they received was that of Christian Pandolfino. She explains that the body had various lesions.
Dr Ali Sarfraz, and Dr Tiffany Buhagiar take the stand.
After calling Dr Brincat three times, the court decided to have the witnesses testify while cross-examination of the witnesses will be postponed to a later date.
We're waiting for defence counsel Joe Brincat.
Murder suspect Viktor Dragomanski walks in.
Parte Civile lawyer Joe Giglio walks in.
Magistrate Joe Mifsud and Police Superintendent James Grech and Police Inspector Colin Sheldon are in the courtroom.
We are live from Hall 25.
Good morning and welcome to this live blog.
Police Inspectors James Grech and Colin Sheldon are leading the prosecution.
Legal aid lawyer Dr Joe Brincat is appearing for the accused.
Lawyers Joe Giglio and Roberta Bonello appeared parte civile for the Pandolfino and Maciejowski family.