A man who stands accused of raping and murdering a Polish student in Sliema on January 2 last year was transferred from Mount Carmel mental hospital where he had been remanded under court order, to the Forensic Unit following “political pressure,” a lawyer claimed on Monday.
The accused, Abner Aquilina was arrested soon after the gruesome murder of Paulina Dembska. He was initially certified as unfit for interrogation and prosecution but was subsequently declared fit to face criminal charges.
The Magistrates’ Court later ordered a re-assessment by three psychiatrists and on the basis of their conclusion, decreed that Aquilina was to be detained at the mental hospital.
His lawyers claim that he had been receiving adequate treatment there and was making progress until, suddenly, an application was filed on behalf of Mount Carmel Hospital's CEO requesting the court to authorise Aquilina's transfer to the Forensic Unit.
The Unit, although situated within the grounds of the mental hospital, is run by prison authorities.
Aquilina’s lawyers are demanding that he be moved back to the hospital proper, arguing that since the transfer, he had not received adequate treatment.
Threats and danger to patients
During a previous hearing, the court heard the testimony of Mount Carmel Hospital CEO Stephanie Xuereb who explained that the decision had been taken to transfer Aquilina after he threatened a male charge nurse and became a danger to other patients.
On Monday, Superintendent of Public Health Charmaine Gauci exhibited licences covering both the hospital and the Forensic Unit since 2016.
Up to the end of 2018, both institutions were covered by one licence and the Forensic Unit formed part of Mount Carmel Hospital. The two became separate entities, covered by two licences, in 2019, following discussions between the Hospital CEO and prison authorities, explained Gauci.
Defence lawyer Mario Mifsud interrupted, pointing out that prison authorities at the time had objected to taking responsibility for the Forensic Unit licence.
“There was also an issue with funding,” remarked the lawyer.
Asked by presiding Magistrate Marse-Ann Farrugia about the reason which had triggered the separation, Gauci said that those involved in the discussions were better placed to explain the motive.
“Our aim is for patients to get the best mental care,” said the witness, prompting Mifsud to point out that pre-2019, “before (prisons chief) Colonel Dalli’s time,” the Forensic Unit was “a disaster,” characterised by a lax atmosphere where inmates had private rooms, “with lots of dogs roaming about and women coming and going.” The prison chief had clamped down on that.
Attorney General lawyer Darlene Grima rebutted that before licensing, both places had been inspected and both qualified as mental institutions.
Consequently, Aquilina’s transfer to the Forensic Unit did not breach the original court decree since that place, like the mental hospital, followed the same criteria and offered adequate treatment.
However, Aquilina’s lawyer strongly rebutted that argument.
“There was political pressure and Abner was transferred after an application was filed without the defence was even being granted the chance to make submissions,” said Mifsud.
The defence was not saying that the accused should be released or given special privileges, but he definitely needed treatment and was not ready for transfer out of the mental hospital.
“I hate it when those in power exert pressure according to comments and likes on Facebook. I say this with responsibility. There was pressure because society thinks that if sent to Mount Carmel, Abner would escape punishment…There was pressure to remove him to the Forensic Unit under the excuse that the two places are the same…But they are not,” stressed the lawyer.
The court is expected to decree on the matter at the next sitting.
The case continues in July.
Inspector Wayne Camilleri also prosecuted.
Lawyer Nicholas Mifsud was also defence counsel.