Woman accused of murdering partner claims 'self-defence' after years of abuse
'He was always the first to hurt me. I never fought back. I decided to fight back'
A woman on trial for fatally stabbing her partner claims she cannot recall how he died but insists she acted in “self-defence” after enduring four years of physical abuse.
Mayumi Santos Patacsil, a 48-year old Filipino national, has been under arrest since 2021, when she was charged with the murder of her partner, Marcelino Montalban Saraza, and with filing a false police report.
Saraza was stabbed to death during the night between July 1 and 2, 2021, at his residence in a Mellieħa apartment. He suffered a stab wound to the lower right side of his chest.
Prosecutors also allege that Patacsil attempted to cut his throat, leaving a deep incision in his neck. A post-mortem examination indicated this wound was inflicted after Saraza had already died.
On Friday, Patacsil took the stand to give her account of the events to a panel of jurors.
Speaking through an interpreter, she repeatedly told the court that she “could not remember anything” that happened between her and Saraza that night, as she was too “afraid.”
She said that on the night of the incident, Saraza came home angry and smelling of alcohol. He allegedly demanded sex, which she refused. According to Patacsil, the situation escalated into a scuffle during which Saraza bit her. She claimed that Saraza then pulled a knife on her, which she managed to grab from him, but said she could not remember what happened after that.
“I don’t remember what happened after that, as I was very afraid. I started to feel dizzy, so I decided to go to my friends and ask for help,” she said.
She then grabbed her passport, documents, and luggage, left the apartment, and went to her friends’ house. She said her friends advised her to call 112, and she reported the case to the Domestic Violence Unit.
Under cross-examination, the prosecution repeatedly questioned her about what happened with the knives. However, Patacsil maintained that she could not remember, again citing fear.
When asked how she defended herself, she replied, “self-defence,” but did not elaborate on the specific actions she took, continuing to say that she was afraid and could not remember.
Even when asked if she remembered the moment she found out that Saraza was dead, she replied that she could not recall due to fear.
“So she remembers that she took documents with her, but she does not remember what happened to Marcellino?” the prosecution lawyer asked pointedly.
Four years of physical abuse
While answering questions, the accused broke down in tears and claimed that Saraza had been physically abusing her since they met four years earlier. She said he used to kick her in the stomach and alleged that in 2018 or 2019, she sustained a cracked skull, for which she has a medical certificate.
“For years, Marcellino was always the first one to hurt me. I never fought back, but during the last incident, I decided to fight back,” she said.
Representing the accused, legal aid lawyer Simon Micallef Stafrace began his closing remarks after Patacsil concluded her testimony.
He argued that this was not a case of “cold-blooded murder” but one of self-defence, where Patacsil was forced to protect herself, an act that tragically led to Saraza’s death.
“There is enough reasonable doubt to show that this is not a case of voluntary homicide. This is definitely not a case of premeditated murder,” he said.
The defence lawyer also addressed Patacsil’s inability to remember the exact events once the knives were involved, noting that trauma often causes victims to block out distressing memories.
“It is clear that to this day, the woman is terrified,” he said.
Madam Justice Consuelo Scerri Herrera is presiding over the Criminal Court. AG lawyers Etienne Savona, Kaylie Bonett and Michael Muscat are prosecuting. Legal aid lawyer Simon Micallef Stafrace is assisting the accused.