Three psychiatrists have been given just over one month to assess Abner Aquilina’s mental state and decide whether he is fit to stand trial for the murder of Paulina Dembska.
The three-person team has also been asked to assess whether they believe Aquilina was insane at the time of the January 2 murder.
Aquilina stands accused of killing Dembska in a public garden in Sliema. Dembska was found stranged and raped, in a murder that shocked the nation. In a previous sitting, a court heard that Aquilina told interrogators he did not want to hurt Dembska "that much".
Signs of mental instability
The 20-year-old Żejtun-raised Aquilina is being held at Mount Carmel hospital after he was referred there by prison officials, and on Friday a court heard of his erratic behaviour while inside the mental health facility.
Psychiatrist Joseph Roger Saliba told the court that Aquilina had refused to take his medication and told doctors he was going to be crucified on an upside-down cross.
"He was completely naked, holding his penis in his hand and ordering us to kneel before him," Saliba testified.
Scepticism
Dembska's body has now been flown back to Poland, where she will be buried.
A lawyer representing her family, Stefano Filletti, told the court that they feared Aquilina was playing up his mental instability, in an attempt to be declared criminally insane.
"We believe there was misbehaviour not mental illness," Filletti said, saying it was “very suspicious” that Aquilina’s mental state had taken a turn for the worse just two days before Friday’s sitting.
Aquilina’s lawyer, Mario Mifsud, argued that the police had been too quick to declare his client fit for interrogation and said that public pressure surrounding the case had contributed to that.
Aquilina's relatives, including his sobbing mother, listened intently inside the courtroom.
A court decision
Having heard lawyers make their arguments, magistrate Marseann Farrugia retired to deliberate on requests to suspend proceedings, made by both lawyers, as well as one made by Filletti to have Aquilina assessed by psychiatrists.
Following a four-and-a-half-hour deliberation, the magistrate declared that she was appointing three psychiatrists to assess the accused’s mental state at the time of the crime and determine whether he is fit to stand trial.
The magistrate also suspended the compilation of evidence until that psychiatric assessment was completed.
The case resumes on March 11.
Mario Mifsud and Christian Camilleri represented Aquilina. Stefano Filletti represented the Dembska family, parte civile.
Inspectors Wayne Camilleri and Jonathan Ransley, and Attorney General lawyers Darlene Grima and Anthony Vella prosecuted.
As it happened
Live blog ends
4.43pm That's all from us today - this live blog will end here. Thank you for having joined us.
We will have a summary of the day's court hearing available at the top of this article shortly.
Court hits pause on compilation of evidence
4.28pm Although the magistrate turned down a request by the defence to suspend proceedings based on a particular article in Malta's criminal code, she has nevertheless decided to suspend the compilation of evidence - but based on another provision in the law.
Case suspended to March 11
4.25pm The court will be presented with the outcome of that psychiatric assessment on March 11. The magistrate suspends the case until then.
Three psychiatrists to assess Aquilina
4.21pm The magistrate says there is a reasonable suspicion that the accused is not of sound mind.
She appoints a team of three psychiatrists to determine whether Abner Aquilina was insane at the time of the crime, and to say if they believe he is fit to stand trial.
No suspension of proceedings
4.19pm Magistrate Marseanne Farrugia has turned down a request to suspend proceedings.
White smoke
4pm The magistrate suspended proceedings at 11.40am. It looks like we're close to proceedings resuming, almost four-and-a-half hours later.
People have been called back into the courtroom, but we've yet to see the magistrate.
What is the magistrate deciding on?
12.10pm Magistrate Marseanne Farrugia is deciding whether to suspend the time window in which the compilation of evidence must be completed.
From the date of arraignment, there is a specific time period before the court needs to decide whether Aquilina has a case to answer to.
Because of Aquilina's inability to attend court, there is currently a risk that this time window could elapse, should the situation continue.
To avoid this, the criminal code allows the court, under certain circumstances, the power to suspend this time window.
Article 402, section (1) of the criminal code allows for this 'abeyance' if it is alleged or there is a reason to believe that the accused was insane at the time of the offence or at the time of the inquiry.
The time period can also be suspended for a simpler reason: that the accused is unable to appear because of illness or any other cause.
Sitting suspended
11.41am The court has suspended the sitting as magistrate Marseanne Farrugia considers the way ahead. She retires to her chambers and we will now have to await her ruling.
More time
11.24am Filletti and Mifsud jointly ask the court to suspend the time windows prescribed in the law. Filletti is also reserving the right to request the appointment of a team of psychiatrists to determine whether the accused can attend court sittings and be declared fit for trial.
Paulina Dembska was raped, strangled and murdered on January 2. Photo: Facebook
Paulina Dembska was raped, strangled and murdered on January 2. Photo: Facebook'There's a victim and a family'
11.17am Back to the family lawyer now. "When the defence speaks about pressure, it should remember that there is a victim that has not even been buried and that she was raped following immense violence," Filletti says.
He finds it inconsistent that if the accused was bragging about what he did to the victim, he is not here today because he was declared as psychotic. Filletti says Aquilina was asked if he was remorseful but the lawyer will not repeat the accused's reply here because it is shocking.
"Yes, there is a suspect who is innocent until proven guilty, but there is a victim and her family," he says.
"We are worried that this game will happen at every sitting."
Femicide bill raised
11.13am Aquilina's defence lawyer continues. He says the defence is interested in justice and that he relies on medical specialists. However, in this case, a mere two-liner was supplied declaring that the patient was fit for interrogation. Mifsud also requests a list of the medication given to Aquilina.
"As if the pressure was not enough to arraign, now there's a bill on femicide to make matters worse," he adds.
[He is referring to a bill introduced to recommend the harshest sentences for murder and attempted murder that involves 'femicidal circumstances'. You can read about it here.]
Aquilina, centre, when he was arraigned on January 13. Photo: Matthew Mirabelli
Aquilina, centre, when he was arraigned on January 13. Photo: Matthew MirabelliFit for trial?
11.08am Defence lawyer Mario Mifsud now. He says that during Aquilina's arraignment, the court was given a document that declared he was fit to be interrogated and arraigned. He requests that the person who issued that declaration is ordered to appear in court to testify and confirm it on oath.
"We have to see whether this certification was issued because of the pressure revolving around this case," Mifsud says.
Misbehaviour or mental illness?
11.04am The family's lawyer says the court needs to make sure that Aquilina is fit for trial.
"We believe there was misbehaviour not mental illness," Filletti says. "It is very suspicious that he had this relapse two days before the sitting."
Filletti says it is going to be used to stall the proceedings. He asks for a defferral.
Can court continue without Aquilina?
11.01am Lawyer Stefan Filletti now raises the issue of Aqulina's absence. The court has the authority to continue hearing the case even if the accused is not present. However, Aquilina has not been placed under a bill of indictment.
Paulina Dembska's funeral will take place on Saturday in Poland.
Parte civile believes that the solution is that the time limit imposed by the law is paused.
Lawyers argue
10.58am The magistrate asks whether there could be a connection between the court sitting and his relapse. The psychiatrist replied that he was not able to make this connection.
"Had I known about his court sitting, it would not have affected my decision to transfer him to Mount Carmel," Saliba says.
He says Aquilina was "being obscene" when he saw him on Thursday.
The lawyers begin to argue. Defence lawyer Mario Mifsud is objecting to certain details being said in court. He says that after court he is going to direct his client not to speak to anyone if these details are to emerge in court.
Cross examination
10.52am The psychiatrist is now cross-examined by Stefano Filletti, the lawyer acting parte civile for the family of the victim, Paulina Dembska.
"Do you know that when he was arrested, he mentioned the devil several times?" Filletti asks.
The psychiatrist replies that Aquilina emphasised that he was not mentally sick but also said he needed time to spend in outer space.
"He is inconsistent," the psychiatrist says. He says officials had to be forceful in injecting the medication.
Filletti asked whether it was a coincidence that it happened on the eve of a court sitting.
"I did not see it strange," replies the psychiatrist. The psychiatrist said he was not aware of the court sitting and only discovered this on Thursday.
'Threatening us with his superpowers'
10.49am By Thursday, Aquilina had removed all his clothes, blocked the toilet and had to be injected with a calming agent three times, the psychiatrist continues.
He was recounting graphic details of what happened with the victim and was refusing to take his medication.
"He was threatening us with his superpowers, that he was going to be crucified on an upside down cross," Saliba tells the court.
Saliba saw him again this morning, Friday.
"He was completely naked, holding his penis in his hand and ordering us to kneel before him," he says.
Refused to take medicine
10.40am The psychiatrist continues. He says Aquilina said on Wednesday he did not want to take his medication and that he was not the same person, saying the devil was inside him. So he was transferred to Mount Carmel and is now under constant surveillance.
'Signs he was psychotic'
10.38am Psychiatrist Joseph Roger Saliba takes the stand. He is the clinical director at CCF and the forensic unit at Mount Carmel. Saliba tells the court he saw Aquilina two days ago and his psychiatric condition was getting worse. He showed signs that he was psychotic but the medication was working, the witness says.
Aquilina will not attend
10.30am The magistrate begins the sitting by saying that at 3pm on Thursday, she was informed by Corradino Correctional Facility that Aquilina will not attend the sitting.
He was taken to Mount Carmel mental health facility, the magistrate informs the court, and that a medical certificate will be issued to declare that he will be unable to attend.