David Norbert Schembri, 33, of Sliema was yesterday jailed for life and sent to three 10-day periods of solitary confinement after he was found guilty of stabbing his former partner, Josette Scicluna, 49 times and murdering her in front of their seven-year-old daughter .

Schembri listened with a sardonic smile to Mr Justice Joseph Galea Debono handing down one of the harshest penalties ever for voluntary homicide and as he was led away, turned to his victim’s family and twice told them, “I’m still alive”.

In handing down the sentence, Mr Justice Galea Debono, took into consideration that Schembri had 12 previous convictions, for dangerous driving, possessing cannabis, cocaine and heroin, trafficking in drugs and violent behaviour. He was found guilty of grievously injuring a person by running him over wilfully. He was jailed for three convictions.

Furthermore, he shocked the court room when he revealed that probation officer Marietta Lanzon had recommended the revocation of Schembri’s probation just eight days before Ms Scicluna’s murder. Schembri had not abided by orders he was given and repeatedly tested positive for cocaine. The court, instead, prolonged his probation period. “Had that court eliminated him from circulation,” said the judge, “maybe Josette Scicluna would be still enjoying her life with her daughter.”

Mr Justice Galea Debono also revealed that Schembri had conspired to abscond while awaiting trial for the murder, for which he was jailed for 23 months on 30 December. He also considered the trauma Ms Scicluna’s daughter suffered as she was having her supper just a few paces away from the front door at which her father was shooting to gain access to the apartment and twice assaulted her mother with pistol in hand.

Given the cruelty and brutality of the crime, the court can do nothing but inflict the maximum penalty, said the judge.

Earlier, in his submissions on penalty, defence counsel Joseph Brincat said that a nearly unanimous vote was not the same as a unanimous one, thus the judge was not bound by law to impose a life term. The lawyer said that his client was not pleading for mercy but was merely asking for justice.

Dr Brincat said that his client had given himself in immediately, allowing the police to go to the scene of the crime in the least possible time. He said this was a case of early cooperation and positive participation in order to try to reverse the situation he created.

The defence lawyer also stated that Schembri always kept the victim’s good name and that he did not invoke futile excuses such as legitimate defence. Furthermore, he cited forensic expert Mario Scerri who said that Schembri surely did not know how to find the artery whose laceration led to Ms Scicluna’s death. Although Schembri had a copious criminal record, said Dr Brincat, he was not charged with relapsing.

The lawyer said that his client was aware of the trauma his daughter went through.

Prosecutor Anthony Barbara also quoted Dr Scerri’s testimony in his submissions. He reminded the court how Dr Scerri had described how Ms Scicluna, 32, was tortured and how Schembri had stabbed her in the genital area, chest and face in order to disfigure her. He also reminded the court that the brutal murder was committed in front of both Schembri’s and the victim’s child. Schembri, said Dr Barbara, did not show any mercy with the fragile woman who was minding her own business at home and feeding her child when he broke into the house, armed with a revolver, carrying a great number of bullets and assaulting her twice.

Dr Barbara added that the Court of Criminal Appeal always seriously penalised the use of firearms and knives and pointed out that the jurors were not aware of Schembri’s previous convictions.

Schembri did not show mercy with his victim, said Dr Barbara as he reiterated his opinion that Schembri deserved nothing short of spending the rest of his days behind bars.

Dr Giannella Caruana Curran who appeared on behalf of Ms Scicluna’s family, said Ms Scicluna and her daughter had been threatened many times by Schembri, even in their home, which she described as a “nest”. Ms Scicluna had been hospitalised twice while pregnant due to Schembri’s mistreatment, she said, adding that Ms Scicluna did not want the police to prosecute Schembri but merely to tell him off and protect her and her child from him.

Dr Caruana Curran interpreted Schembri’s words “you may call the police now”, which he said to a neighbour after stabbing Ms Scicluna, not as a show of penance but as a challenge, given that the police had asked to speak to him the previous day.

Dr Caruana Curran added that the Scicluna family wanted the court to do justice and pass a sentence which would protect domestic violence victims, as their Josette was, from bullies.

Dr Barbara, the head of the prosecution unit of the Attorney General’s office, assisted by Dr Lara Lanfranco prosecuted. Dr Brincat appeared for the defendant while Dr Caruana Curran, Dr Arthur Azzopardi and Dr Manuel Mallia appeared parte civile.