Police were warned by a psychiatrist 12 years ago that a man who allegedly committed a murder on January 1 this year, should not be in possession of firearms because of his mental condition.

The shocking detail emerged from a report filed on Wednesday by court-appointed psychiatrist Joseph Cassar who found a note in Noel Azzopardi’s medical file at Mount Carmel Hospital where he had voluntarily admitted himself for psychiatric treatment.

Azzopardi, 39, is pleading not guilty to murdering Eric Borg, firing a gun within 200 metres of an urban area and not ensuring that his gun and ammunition were kept in a secure place inside his home.

Cassar testified during the compilation of evidence that he had been appointed by the magistrate presiding over the magisterial inquiry to ascertain whether Azzopardi was fit for interrogation. He had concluded that the accused understood what he was being charged with, the implications of his actions and the punishment he could face if found guilty of the crime.

Cassar said that during the examination, Azzopardi told him how he had a history of mental illness and that he had previously been treated at Mount Carmel Hospital where he was administered medication.

He said that since Azzopardi was probably paranoid and had a cognitive deficit, he recommended that he be subjected to a neuro-psychological examination to ascertain whether he had any other disorder such as autism.

He also suggested that the family should be involved in this process because the examiner would need to look into his developmental history before reaching a conclusion.

Danger to the public seen in 2012

Cassar said Azzopardi signed himself into Mount Carmel on July 5, 2012, because of impulsive and erratic behaviour. Although he was not aggressive to other patients during his stay there, staff observed a somewhat heated argument with his sister where he was blaming her for his situation.

Cassar said he found a note in Azzopardi’s medical file at Mount Carmel, about a discussion between staff members on Azzopardi’s possession of shotguns. The staff concluded that this was a public danger, and psychiatrist David Mamo on July 18, 2012, wrote to the Rabat Police Station expressing his concern that Azzopardi had three shotguns in his possession. He wrote that he felt duty-bound to bring this to the attention of the police and that since Azzopardi had mental health issues, he believed that his possession of firearms was a danger to the public.

During a search following the murder, the police found nine shotguns at his house: six were registered in his name and another three in his father’s. The shotgun allegedly used in the murder was hidden behind a grandfather clock.

Cassar said that Azzopardi had been released from Mount Carmel Hospital at the end of July 2012 and continued to call at the hospital regularly as an outpatient and was subsequently followed once a year. Until 2016, he was still waiting for his firearms licence, according to the medical file.

Eric Borg was shot dead in Rabat on New Year's Day.

During the same court sitting, prosecuting investigator Godwin Agius explained how Azzopardi told officers that he knew murder victim Eric Borg by sight as they owned fields close to one another in Buskett and that the two had exchanged words that day. The inspector said he never mentioned Borg by name.

Azzopardi did not give officers a detailed account of what the two men discussed, but said that he saw red after Borg told him “don’t stick your nose in other people’s affairs, you’ll regret it.” [tindaħalx f’affarijiet ta’ ħaddieħor, inpattihielek].

He told him how he got into his car and drove after Borg, who parked on Triq il-Fidloqqom in Rabat, where he lived.

Azzopardi then got out of his vehicle with his shotgun, shot Borg once in the back and then again as he lay on the ground to ensure he wouldn’t get up, Azzopardi told interrogators, that he did so because he was enraged by what Borg had told him. He told the police he felt offended by what he had told him.

The inspector said that an autopsy carried out on Borg’s corpse the day after the murder revealed that he had died due to gunshot wounds that perforated his right atrium in his heart as well as his right lung.

Asked about issues revolving land ownership, Azzopardi did not offer the police any explanation and he did not say if there were any issues between the two.

The case before Magistrate Marseann Farrugia continues in April.

The prosecution was led by Inspector Wayne Camilleri, Inspector Scerri and Attorney General lawyer Darlene Grima.

Lawyers Alex Miruzzi, Arthur Azzopardi and Jacob Magri represented the defendant.

Lawyers Joe Giglio and Michaela Giglio represented the victim’s family.

The murder scene in Rabat. Photo Matthew Mirabelli.