Lawyers representing Abner Aquilina, the man charged with a brutal murder, are seeking to reverse a decision which saw their client transferred to the Forensic Unit from a regular ward at Mount Carmel mental hospital.

The transfer decision had been taken after Aquilina allegedly threatened a male charge nurse and become a danger to other patients.

Aquilina stands accused of raping and murdering Polish student Paulina Dembska in Sliema on January 2 last year.

The Forensic Unit is within the grounds of Mount Carmel Hospital but is run by the prison authorities. 

During the compilation of evidence against Aquilina on Wednesday, the defence asked how Aquilina was moved to the Forensic Unit and demanded that he be returned to a regular ward.

Lawyers said Aquilina had been receiving adequate treatment and making progress but the unit did not offer the same level of care.

The hospital’s CEO, Stephanie Xuereb, explained that some months ago, an application was filed in the records of the case in her name so that Aquilina would be removed from Mount Carmel where he was being detained under court order.

Xuereb explained that the hospital did not have the necessary structure to ensure not only the safety of its staff but also that of other vulnerable patients. Although the hospital was not run on an “open door” policy, it did not have the same level of security as the Forensic Unit.

She said that the hospital was not manned by police officers or security guards in the same manner as the unit, which was found on the hospital grounds but was a separate establishment, administered by prison authorities and manned by “tall and well-built security guards.”

Inmates were cared for by the prison’s own psychiatrists and the hospital offered out-of-hours support on an outpatient basis when called for.

Quizzed further about why Aquilina had been removed from the hospital where the court had ordered his detention, the witness replied, “it’s not for me to decide as CEO,” prompting the court to point out that the application had been filed in her name.

“It was done by the lawyer,” added the witness.

“So are you saying that the lawyer did not act in your name?” Magistrate Marse-Ann Farrugia asked.

Defence lawyer Mario Mifsud then stepped in, claiming that a particular psychiatrist had done all he could to “kick out” the accused and although at first the hospital staff had cooperated, they later did all they could to “remove Abner.”

Pressed further to explain the facts which had actually led to the accused’s transfer, Xuereb said that there was “clinical advice…in general.”

It was the first such request ever filed in her role as Mount Carmel chief.

And the decision was prompted by the fact that Aquilina had threatened a male charge nurse and later complained when visited by another nurse “because she was a woman.”

He also proved a threat to fellow patients.

“My job is to run the hospital not to interfere in clinical issues. Ultimately the responsibility falls upon the consultant.”

Pressed further to state whether she had consulted anyone else when taking that decision, Xuereb first said that she did not remember, then said that a senior psychiatrist had said that the accused could possibly injure other patients.

Another senior professional deemed that the patient needed a particular forensic set up which Mount Carmel Hospital did not have.

Aquilina’s lawyer had since filed another application to have the accused returned to the hospital.

“Are you prepared to give him the necessary treatment if he is sent back there?” asked Mifsud.

“We give treatment wherever necessary,” replied the witness, explaining further that the difference between the two establishments was in the level of security “but the medical standard is the same.”

The hospital had a multipurpose unit with cells having a particular layout where particularly aggressive patients could be placed in isolation while allowing staff to monitor them safely through an observation window.

But patients could not be kept there for long, only for hours or few days until medication took effect.

“We are there to help the sick,” said the witness.

“And on behalf of the accused and his family I am requesting you to admit him to hospital for treatment,” said Mifsud.

“We also have a duty to keep all patients safe,” added Xuereb.

The case continues.

AG lawyers Anthony Vella and Darlene Grima are prosecuting, together with inspectors Jonathan Ransley, Shaun Pawney and Wayne Camilleri.

Lawyers Mario and Nicholas Mifsud were defence counsel.

Lawyers Stefano Filletti, Lara Dimitrijevic and Stephanie Caruana are appearing parte civile.