'There was an ugly fight' - Lawyer argues woman stabbed partner in self-defence
Weapon had traces of DNA from both the accused and the victim
A legal aid lawyer defending a woman facing trial for fatally stabbing her partner told a jury on Saturday they could not ignore the fact that the murder weapon had DNA traces of both the woman and her partner, showing she was also injured.
Mayumi Santos Patacsil, a Filipino national, has been under arrest since July 2021, when she was charged with the murder of her partner, Marcelino Montalban Saraza, and with filing a false police report.
Patacsil, 48, is pleading not guilty.
Saraza was stabbed to death during the night at his residence in a Mellieħa apartment. He suffered a stab wound to the lower right side of his chest.
On Friday, Patacsil took the stand and, speaking through an interpreter, explained to the court how she acted in “self-defence” after enduring four years of physical abuse. She told the court that she could not remember the events of the fatal night and that she was “too afraid”. She said Saraza pulled a knife on her, which she managed to grab from him, but that she could not remember what happened after that.
On Saturday, the jury heard the pre-sentencing submissions by the defence and prosecution.
The prosecution argued that Patacsil only admitted she was a domestic violence victim after police began their investigations. They said she did not call the police or ambulance after the incident, and when she did call an ambulance, it was to report her injuries.
The prosecution mentioned how she held back on giving details to the police about how Saraza was abusive towards her.
The defence, on the other hand, argued that the case looks into whether this was an act of “self-defence or murder”.
Legal aid lawyer Simon Micallef Stafrace told the jury to remember that this woman is a foreigner in a foreign country and that she might not feel comfortable opening up to strangers about her life.
Arguing against the fact that Patacsil did not report her partner for domestic violence, he reminded the jury that there have been many other domestic violence cases which go unreported.
He also said that while the prosecution says her injuries were slight, he said the doctors kept her in the hospital for three days, highlighting that her injuries were not to be overlooked. He also said there has been “no interest” in her own medical records.
“Despite the problems she faced in this relationship, she stayed with this man because she loved him,” Micallef Stafrace said.
“Let us not forget, there was DNA on the knife of both the victim and this woman. We cannot ignore this fact. From what we can understand, there was a sign of aggression towards her. This is proof that there was an ugly fight between them and that she was defending herself.”
Madam Justice Consuelo Scerri Herrera is presiding over the Criminal Court. AG lawyers Eitenne Savona, Kaylie Bonett, and Michael Muscat are prosecuting. Legal aid lawyer Simon Micallef Stafrace is assisting the accused.
The case continues on August 4.