Updated 12.12am Thursday.
A father-of-four who was convicted of shooting dead his wife’s lover through excessive self-defence based on fear has been handed a suspended sentence. Jurors delivered an 8-1 verdict at the end of a trial which started last week.
The Criminal Code says no offence is committed when a homicide or bodily harm is committed in the act of repelling a break-in into a house, during the night, among other circumstances.
Stephen Caruana, 45, had been accused of the wilful homicide of Neville Baldacchino, 28, in December 2008 and illegal use of a firearm. Jurors late on Wednesday found him guilty of homicide through excessive self-defence stemming from fear. He got no punishment for the homicide but was sentenced to a two-year jail term suspended for four years and fined €3,000 for the illegal use of a firearm.
According to the Bill of Indictment, Caruana and his wife initially had a normal married life but the wife eventually had a secret affair with Baldacchino.
Baldacchino went to Caruana’s house in Qormi several times. He went there on December 18, 2008, once Caruana and the children were asleep. He had sex with the woman in an upstairs bedroom while Caruana and their children were asleep downstairs.
The woman then went downstairs to make sure that Caruana was asleep. They heard a noise upstairs. Caruana grabbed a shotgun, loaded it and went upstairs. He found Baldacchino on the terrace and allegedly shot him in the head, hand and leg, killing him.
During the trial some of the testimonies were heard behind closed doors, while others were heard in open court.
Among those who testified were Caruana’s brothers-in-law, Johann, Marco and Michael Gaffarena.
Marco Gaffarena said he arrived at the Caruana residence after the shooting and found Baldacchino dead on the back terrace. He knew Baldacchino’s brother and knew the victim by sight. However, his sister never mentioned Baldacchino to him. He also did not recognise him as he lay dead on the terrace.
Joe Gaffarena said he had also gone to the house after the shooting. He spoke to Caruana who told him “I killed someone on the terrace”.
Johann Gaffarena said that when he arrived at the house he saw Caruana “visibly shocked” and “trembling” and recalled asking him “what happened Steve?” adding that the accused “could not answer him”.
Madam Justice Consuelo Scerri Herrera delivered her final address to the jurors, reminding them of the principle of the presumption of innocence. She likened the evidence presented at the trial to a jigsaw puzzle and warned the jurors against trying to fill the gaps. She also explained that the charges need to be proven beyond reasonable doubt.
In closing arguments, the prosecution argued that the murder was premediated while the defence countered that their client had been caught by surprise and was frightened when he found another man at his house.
Jurors delivered their verdict at 11pm. Sentence is expected shortly.
Madam Justice Consuelo Scerri Herrera is presiding over the trial.
AG lawyers Francesco Refalo and Shelby Aquilina prosecuted.
Lawyers Giannella De Marco and Charles Mercieca assisted the accused.
Lawyers Edward Gatt and Mark Vassallo appeared for the victim’s relatives.
