The Malta Independent 12 May 2024, Sunday
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Court: Fit To stand trial

Malta Independent Wednesday, 9 June 2010, 00:00 Last update: about 11 years ago

Salvatore Mangion, 45 from Zejtun was found able to plead and stand trial for a murder he allegedly committed 26 years ago. He allegedly, knifed 54-year-old Rozina Zammit around 40 times in her Safi home and stole some money.

With seven votes against two, the jurors, four women and five men found Mr Mangion fit to stand trial before Judge Joseph Galea Debono yesterday.

They deliberated on whether he is able to plead and to stand trial but they did not contest whether he was mentally fit when the alleged murder took place.

In a statement released five years ago, the accused had said that he befriended the victim who lived on her own. When questioned by Inspector Chris Pullicino, he also said that he used matches to be able to see in the dark because the lights had gone out. Police found burnt matches lying on the ground in the victim’s residence. After the alleged murder, he claimed that he went to Paceville and spent the Lm200, which he had just stolen on alcohol and to pay for the taxi back home.

Asked why he used to socialise at Safi, he answered that he used to go drinking there to get to know the victim who he met some two weeks before the alleged murder took place but he had never entered her home before. He added that he didn’t enter the victim’s house when she was out for Mass because he didn’t know how to get inside her house. This contrasts with the fact that Ms Zammit lived a very simple life, said Inspector Pullicino in his testimony. She used to go to Mass every day and retire in her home early on a daily basis.

The Inspector went on saying that the accused lucidly guided the police towards where the alleged murder took place and gave them details of the location of the bar and the victim’s residence

“At first he was reluctant to give information but then he cooperated with the police. During questioning his behaviour looked normal and he communicated well with us,” said the Inspector.

Taking the witness stand, the three psychiatrists David Cassar, Joseph Vella Baldacchino and Mark Xuereb read out and commented about a report on Mr Mangion’s mental fitness, which they compiled a few days ago.

They examined the filed clinical notes, interviewed the accused and consulted with the team of professionals who work with Mr Mangion.

“During the interview his behaviour looked normal. He expressed his worry on the pending court case because of the possible consequences, however he displayed no symptoms related to his major depressive disorder,” explained Dr Cassar.

During his interview, he told the psychiatrists that he sometimes sees his deceased mother in his dreams but he didn’t speak about other delusional experiences.

His behaviour shows he has a low IQ or mild mental retardation, continued Dr Cassar, but he can understand and judge whether a situation is good or bad and knows what pleading guilty or not means, he said.

Speaking about his mental condition, Dr Cassar remarked that the accused has been suffering from chronic paranoid psychosis for a number of years. “This condition falls under the spectrum of schizophrenia and the patient takes medication for it which keeps it under control. These medications do not affect his mental functioning although they give some side effects,” he said.

The psychiatrist also noted that the patient suffered some mild psychosomatic symptoms caused by anxiety prior to his court case and he described this as normal.

In his concluding remarks, he said that the patient is able to follow the legal procedures and therefore he is fit to stand trial. “Although the stress caused by the court case did not lead to the patient’s health to deteriorate this does not mean that it could not happen in the future,” they said.

The defence lawyer, Simon Micallef Stafrace argued that the psychiatric report is rather sketchy and left some questions unanswered. “Mr Mangion is fit to plead guilty only because he is taking his medication,” he argued.

Prosecutor Leonard Caruana on the other hand argued that the jurors had to decide on whether the accused is fit to plead and stand trial at the moment.

“The accused is able to understand what the notion of prison is and what the consequences of his actions are. The psychiatrists, who said that under normal circumstances, persons who suffer from the same condition are allowed to live in the community, confirmed this. Whether he is on medication or not is secondary. The fact that he is anxious shows that he is mentally fit,” said Dr Caruana.

Lawyer Charmaine Cherrett appeared parte civile.

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