Psychiatrists find Noel Azzopardi incapable of forming criminal intent, AG may contest findings
A court-appointed panel of psychiatrists has concluded that Noel Azzopardi, the man accused of shooting Eric Borg dead in Rabat on New Year’s Day, was incapable of forming the criminal intent required to be found guilty
A court-appointed panel of psychiatrists has concluded that Noel Azzopardi, the man accused of shooting Eric Borg dead in Rabat on New Year’s Day, was incapable of forming the criminal intent required to be found guilty, due to serious mental illness and intellectual difficulties.
The panel had been appointed to assess the defendant after, during a previous sitting, it had emerged that Azzopardi, who is accused of fatally shooting Eric Borg in Triq Fidloqqom, in the Nigret area of Rabat on January 1, 2024, had spent three months in a psychiatric hospital in 2012, where he was treated for aggressive behaviour and temper outbursts.
The report was handed over when the compilation of evidence against Azzopardi resumed before magistrate Marseanne Farrugia on Thursday.
In their conclusions, the panel said that Azzopardi was afflicted by persecutory delusions, which had a significant impact on his life and which were not the result of drug use. “Azzopardi suffers from serious mental illness and intellectual difficulties….it appears that Noel Azzopardi is not fit to stand trial…[he is presently] still suffering from symptoms of Delusional disorder and intellectual disability. From our examination it appears that at around the time of the alleged crime, Mr. Azzopardi was in a state of insanity and therefore had neither the capacity of understanding or desiring the outcome of his actions (la capacita’ di intendere e la capacita’ di volere.)
In May, the Court had raised the plea of insanity itself, using its powers under the Mental Health Act, after a psychiatrist informed it that Azzopardi was no longer seeking psychiatric treatment. The inquiry was then suspended and a panel of experts was appointed to report on whether the defendant was both fit to stand trial and whether he was insane at the time of the offence.
But in spite of the experts’ findings, whether or not this will result in Azzopardi’s acquittal is yet to be seen, as the law gives the Attorney General one month to contest the finding of insanity, in which case that point will be decided by an insanity trial, known as a Ġurin. Were that to happen and should the potential insanity trial declare the defendant to have been sane at the time of the offence, he will then be tried for murder, which is punishable by imprisonment for life. But even if declared insane, Azzopardi will likely be committed to a psychiatric facility for the rest of his life.
After retiring to chambers for some time to consider the application filed by the defence, requesting the matter be referred to the Criminal Court, the court ordered the acts of the case to be sent to the AG who has a month to reply.
The defendant will be detained under arrest at Mount Carmel Hospital.
Inspector Wayne Camilleri is prosecuting, together with lawyer Kaylie Bonett from the Office of the Attorney General.
Lawyers Arthur Azzopardi, Jacob Magri and Alex Miruzzi are assisting the defendant.
Related
Share this page
Guest Posts by Easy Branches
