Lawyers of a man accused of attempting to kill his ex-partner’s young daughters have called for a government representative to testify as to why the state has not yet introduced electronic tagging for persons undergoing criminal proceedings.
The issue came to the fore after the Attorney General filed an urgent application hours after the accused, Nazzareno Dalli was granted bail by a Magistrates’ Court earlier this week.
The 43-year-old man stands accused of stabbing his former partner’s 12 and 15-year-old daughters in a rampage that allegedly took place inside their home in Triq San Tumas, Marsa on March 9.
He is pleading not guilty.
Dalli allegedly entered the house while the girls and their brother were alone early that afternoon. Their mother was out at the time.
The younger girl was stabbed 16 times and lost 40% of her blood in the frenzied assault. Her elder sister managed to slip past their aggressor and hid on the roof. She suffered slight injuries.
The siblings later identified “Ronald,” [Dalli], their mother’s former partner, as the alleged aggressor.
Dalli himself told police that he had no recollection of the violent episode.
He had spent the previous night out with friends, drinking and consuming drugs. He told police that he loved his ex’s children “like his own.”
Meanwhile, the compilation of evidence over the attempted murder continues.
During the last two sessions, the court heard a number of professionals and prison officials who have been monitoring the accused over the past months during his time behind bars.
They confirmed that his behaviour had greatly improved and he was willing to accept help to overcome his drug addiction.
The court upheld the request for bail, imposing various stringent conditions including an order to complete a rehabilitation programme, to keep all appointments with professionals and to follow their instructions.
Other conditions included a third party guarantor for the sum of €20,000.
The AG appealed that decision, arguing that bail should not have been granted at this stage.
The alleged crimes were of such a nature rarely presented before the courts and there were well-founded reasons, even on the strength of caselaw, militating against bail in such a case.
The degree of brutality was even more alarming in light of testimony by several doctors who explained that the younger victim survived “miraculously,” the AG said.
One of the stab wounds pierced her heart and she lost 40% of her blood.
Prior to the March incident, Dalli had allegedly threatened the girls’ mother that he would kill them unless they dropped domestic violence charges against him. They subsequently withdrew that case.
The children and their mother were now in a state of panic, knowing that Dalli had been granted bail, the AG pleaded.
Moreover, although reference was made to his drug addiction, nothing was said about his anger management. He evidently harboured a deep hatred towards his ex.
The possibility of drug rehabilitation of the accused did not lessen the fear of future offences, argued the prosecution.
When the appeal was called before the Criminal Court, defence lawyer Franco Debono informed Madam Justice Consuelo Scerri Herrera that Dalli’s defence team wished to summon a representative of the Home Affairs Ministry to explain why the authorities had not yet introduced electronic tagging.
The court drew attention to a recent judgment by a constitutional court declaring that the fact that the state failed to introduce this measure did not breach the person’s fundamental rights.
Debono countered that even though such failure did not breach fundamental rights, the introduction of electronic tagging was nonetheless politically desirable.
“An accused person should not remain under preventive arrest simply because the state did not provide for it,” argued Debono.
The court minuted the defence’s request and the prosecution did not object.
The case continues.
AG lawyers Etienne Savona and Manuel Grech are prosecuting.
Lawyers Franco Debono, Mario Mifsud and Nicholas Mifsud are defence counsel.