Roderick Cassar’s lawyers are seeking to suspend criminal proceedings over the murder of his wife until his constitutional challenge against the recently introduced femicide law is definitively settled.
The unexpected twist on Wednesday saw Cassar’s lawyers informing the judge presiding over his constitutional case that they were filing an application requesting an interim measure.
That measure would effectively suspend the criminal proceedings wherein Cassar stands accused of the wilful murder of his estranged wife, Bernice, who was assaulted and shot outside her workplace in November 2022.
Cassar is pleading not guilty.
Those murder proceedings at compilation stage before the Magistrates’ Court are currently at a very advanced stage, with the bill of indictment expected in the near future.
The bill of indictment would pave the path to the accused’s trial.
Pending the murder proceedings, Cassar’s lawyers filed a separate case before the First Hall, Civil Court in its constitutional jurisdiction claiming that the recent amendments introducing the concept of femicide as an aggravating factor of wilful homicide, breached the accused’s fundamental rights.
They are arguing that the new law did not only introduce the notion of femicide but also did away with the plea of ‘sudden passion.’
Once the murder qualified as femicide, that mitigating factor was “categorically excluded” even if it was proved that the accused acted under sudden passion or was in a state of mental agitation.
Cassar’s lawyers thus argued that the new law was highly discriminatory, sexist and totally counter productive and breached the accused’s right to a fair hearing.
In their latest application for an interim measure the lawyers argued that the outcome of the constitutional case undoubtedly impacted the outcome of the murder proceedings.
For that reason it would be wise at this advanced stage of the criminal process to stay (suspend) those proceedings until the constitutional proceedings ran their full course.
Faced with that information, Madam Justice Anna Felice granted Cassar’s lawyers one week to file their request and to serve notification thereof to the other parties.
Within that week, they were also to indicate whether they had any further evidence to produce in the constitutional case.
Such interim measure, if upheld, would likely delay the issuing of the bill of indictment by the Attorney General.
The case continues.
Lawyers Franco Debono, Arthur Azzopardi, Marion Camilleri and Jacob Magri are assisting Cassar.Lawyer Julian Farrugia is representing the State Advocate.Lawyers Marita Pace Dimech, Rodianne Sciberras and Ann Marie Cutajar are appearing on behalf of the victim’s family who intervened in the proceedings.