A man allegedly stabbed by his wife’s stepbrother has refused to testify against him, saying he does not want to see the "saint" in jail.

Joseph Seychell declined to testify against Robert Frendo when the case against Frendo resumed on Monday morning, telling the court “I don’t want to see him in jail... he’s been living with me and my wife for almost our entire 41-year marriage”.

Seychell said Frendo was usually a “saint” who went off the rails when he drank alcohol.

The case concerns a February 2024 incident at Seychell’s Paola home, when Frendo, 63, is alleged to have stabbed the 69-year-old Seychell 13 times at around lunchtime.

Seychell was grievously injured in the incident while Frendo sustained slight injuries. The accused is pleading not guilty to criminal charges.

When the case resumed on Monday, prosecutors and defence lawyers argued over whether Seychell was legally obliged to testify in the case.

According to the law, people can choose not to testify if the two are married or cohabiting. Defence lawyers argued that the definition of “cohabiting” is broad and that Seychell and Frendo qualify. Prosecutors disagreed and emphasised that the two are not related.

Magistrate Marse-Ann Farrugia, who is presiding over the case, must now decide whether to allow Seychell to sit out testimony, or force him to take the witness stand.

The case resumes on April 29.

Inspectors Kurt Farrugia and Keith Rizzo lead the prosecution, along with attorney general lawyers Ramon Bonett Sladden and Nathaniel Falzon.

Frendo is being defended by lawyer Mark Mifsud Cutajar.

Seychell was represented by lawyers Franco Debono and Marion Camilleri.