Rabat murder case suspended, suspect to be treated at Mount Carmel Hospital
Noel Azzopardi is accused of shooting Eric Borg on January 1, 2024
A Criminal Court has ordered that Noel Azzopardi, who is being charged with murder, is held at Mount Carmel Hospital and treated as a patient.
It also ordered that criminal proceedings against the man are suspended since he is currently not fit to follow criminal proceedings against him.
The judgement was handed down on Thursday morning after a panel of jurors ruled that Azzopardi was not insane at the time he shot dead Eric Borg on January 1, 2024, but is presently insane.
Azzopardi, from Rabat, is accused of shooting Eric Borg on January 1, 2024, in Triq il-Fidloqqom in his hometown of Rabat. Azzopardi turned himself in at the Rabat police station shortly after the shooting.
The jurors heard evidence and delivered the verdict on four counts: that he murdered Eric Borg, owned a firearm while committing a crime against the person, shot a firearm within 200m of an inhabited area and did not keep the weapons stored in a safe place. The man is denying the charges.
The jurors found that on all four counts, Azzopardi was not insane at the time of the murder by seven to two votes, but he is insane at present with eight votes to one.
In September 2024, psychiatrists appointed by the court during the compilation of evidence concluded that Azzopardi was incapable of the criminal intent required to be found guilty, due to serious mental illness and intellectual difficulties. Those findings were contested by the Attorney General, hence the need for the ġurin (insanity trial).
In its considerations, the Criminal Court upheld the submissions made by the defence.
It referred to Article 626 of the Criminal Code which states: “In all cases where, upon any allegation under this Title [Allegation of Insanity and Other Collateral Issues Before the Criminal Court] being proved, the trial cannot take place or is interrupted or the execution of the sentence is stayed, the trial shall be resumed or the sentence carried into effect, as soon as the impediment shall cease”.
On Thursday, the Criminal Court ordered that Azzopardi be held at Mount Carmel Hospital and treated as a patient.
In view of the jurors’ verdict that the man is currently in a state of legal insanity and not in a position to follow criminal proceedings, and in view of the fact that the Court of Magistrates already declared the proceedings suspended, the Criminal Court ordered that the records of the case are sent back to the Court of Magistrates not for the proceedings to resume but for the latter to have the records at its disposal in case of any requests filed before it including a request for the proceedings to resume.
Mr Justice Neville Camilleri presided over the Criminal Court.
AG lawyers Kevin Valletta and Kaylie Bonett prosecuted.
Lawyers Arthur Azzopardi and Nicole Vassallo are assisting the accused.
Lawyers Joe Giglio and Michaela Giglio represented the victim's family.