A court has ruled that the man accused of raping and murdering Polish student Paulina Dembska was insane at the time of the crime.
In a short hearing on Friday, the magistrate made the ruling on the basis of a report by three psychiatrists, who said Abner Aquilina was mentally unfit to stand trial at this stage.
It means the Attorney General must decide whether to proceed with an insanity trial (referred to as ġurin in Maltese) or continue the case, where the issue of insanity will be decided along with the rest of the case.
Aquilina stands charged with raping and murdering the 29-year-old, whose body was found in Sliema's Independence Garden on January 2.
Uncertainty has hung over the case as Aquilina has been admitted to Mount Carmel Hospital, where psychiatrists have previously testified that he told doctors he had demonic powers and was possessed by the devil.
The court was previously adjourned until a report was prepared by three psychiatrists to examine the 20-year-old accused and testify on whether he was insane at the time of allegedly committing the offence.
The psychiatrists, Anthony Dimech, Anton Grech and George Debono, based their conclusions on the fact that they acknowledge he was facing delusions and emotions expressed in his behaviour, how he recounted the incident, his past use of substances, and a personal experience in November 2020.
They spoke to Aquilina five times, the latest in May, and found that he remained in a psychotic state.
He still harboured certain reflections and delusions with a passion, the psychiatrists told the court.
Aquilina stared straight ahead as the magistrate declared him insane at the time of committing the crime and ordered that he should be detained at Mount Carmel. He later hugged his lawyer as he left.
The family of the victim was not in court to hear the ruling, whoever they were represented by their lawyers.
The case is adjourned until July 15.
LIVE BLOG
What happens in an insanity trial (ġurin)?
11.19am If the Attorney General decides to opt for a ġurin, a specially appointed jury will be tasked solely with deciding on the sanity issue. If the report's findings are upheld, the case could be dismissed and the accused cleared on the grounds of insanity.
In this case Aqulina would likely be transferred to Mount Carmel Hospital under the Mental Healthcare Act.
This last happened in June 2021 when a jury declared a 33-year-old German man, Oliver Krautschied unfit to stand trial for armed robbery due to his having been in a state of insanity at the time.
Aquilina hugs lawyer
11.03am When the hearing finished, Aquilina briefly hugs his lawyer on his way out. The family of the victim, Paulina Dembska, are not in court for this news.
What happens next?
10.58am This is not the end of the road. Although the medical experts have reached a firm conclusion, the issue of legal insanity has to be decided in court.
There are now two options facing the Attorney General. Either there is an insanity trial (referred to as ġurin in Maltese) or else the case continues normally and goes to normal trial where the issue of insanity will be decided along with the rest of the case.
The date of the next hearing is set for July 15.
Insane at time of murder
10.51am The magistrate now minutes that on the basis of this expert report, the accused was insane at the time of the commission of the crime. She refers to article 402 of the Criminal Code and orders records of the compilation of evidence to be sent to the Attorney General.
Aquilina is meanwhile detained under arrest at Mount Carmel to remain under custody according to the Mental Health Act. Aquilina remains calm throughout.
Lawyers consult on next steps
10.49am Attorney General lawyers inform the court that at this stage, they will take time to consult on the way forward in terms of law. Defence lawyer Mario Mifsud says that he has no questions to put at this stage.
Abner stares ahead
10.47am Aquilina is sitting seated on the front bench. He is gazing passively ahead, with his hands clasped on his lap.
Why declared unfit?
10.45am The psychiatrists base these conclusions on the fact that they acknowledge he was facing delusions and emotions expressed in his behavior, how he recounted the incident, his past use of substances, and a personal experience in November 2020.
They spoke to Aquilina five times, the latest in May.
The psychotic state was still present and was a source of reflections linked to the crime. He still harboured certain reflections and delusions with a passion, the psychiatrists tell the court.
'Unfit to stand trial'
10.41am The psychiatrists are asked: "Was Aquilina insane at the time of the crime?" They concluded that he was probably under a severe state of psychosis. In this stage of convalescence he is unfit to stand trial, they say.
Three psychiatrists take the oath
10.39am Three psychiatrists, Anthony Dimech, Anton Grech and George Debono take the oath.
We're back
10.35am Defence lawyer Mario Mifsud is back and Aquilina has also been escorted back to the court. The lawyer approaches the bench and apologises for the delay, which he puts down to a delay in the Appeals Court. Aquilina's relatives are also in court.
Missing defence lawyers
10.15am The defence lawyers are not here. The court is saying that her deputy was contacted by lawyer Mario Mifsud who is currently at another hearing before the Appeals Court. The sitting is being suspended until he comes. We expect a short suspension of a few minutes.
Who's who?
10.14am Inspector Wayne Camilleri is prosecuting, assisted by Attorney General lawyers Darlene Grima and Anthony Vella. Lawyers Mario Mifsud and Christian Camilleri are defence counsel. Lawyers Stefano Filletti and Martina Cuschieri are parte civile, representing the victim’s family .
Abner Aquilina arrives
10.10am Murder accused Abner Aquilina arrives in court, now with dark hair and a goatee. Two psychiatrists are waiting to testify and Magistrate Marse-Ann Farrugia has just taken her seat.