Erin Tanti could be the very first Maltese person to have been accused of assisting a suicide, according to crime historian Eddie Attard. Speaking to The Malta Independent on Sunday, Mr Attard said that in all his years of experience he had never come across such a charge, but he cannot say for sure that it was never issued before.
Mr Attard, the acclaimed author of Delitti f’Malta and other crime related publications, said that, “unlike Italian law, the Maltese criminal code does not consider an attempted suicide to be a crime. It only says that it is a crime to assist or incite suicide. The charge carries a maximum imprisonment sentence of 12 years and no minimum. However, I have no recollection of the charge having ever been used.”
Murder and assisted suicide charges baffle lawyers
Erin Tanti has been charged with both murder and assisting a suicide. Mr Attard thinks that these charges are contradictory. “They do not make sense. It is either one or the other. And I would think that the police issued these charges with the blessing of the Attorney General. We will have to wait and see what comes out of the compilation of evidence and what the magistrate decides in the end.”
This paper also spoke to criminal lawyer Edward Gatt, who said that he had never encountered the change in his 18 years of experience. Dr Gatt also agreed that the two charges do not make sense when levelled against the same person. “These two charges are separate and do not complement each other. The intentions are different. There is a big question about this. I have spoken to many lawyers about this and no one can really understand the reasons behind this decision.”
Dr Gatt added that, for both charges to make sense, Mr Tanti would have assisted the teenager to commit suicide and then climbed down and killed her after she survived the fall. “This certainly does not seem to be the case, so no, the charges do not really make sense.”
Murder charge can be dropped
Erin Tanti is facing a total of six charges: murder, assisting a person to commit suicide, defilement of a minor, participating in sexual acts with a minor, being in possession of indecent images and abusing a position of trust, which is considered to be more of an aggravating factor to the rest of the charges.
Murder carries a life sentence. Assisting suicide is punishable by a maximum of 12 years with no minimum sentence stipulated. Defilement of a minor normally carries a maximum three year sentence but can be increased up to six years if the accused is “a tutor of the minor or is any other person charged, even though temporarily with the care, education, instruction, control or custody of the minor”.
Participating in sexual acts with minors is usually punishable by a maximum of five years, but the charge carries a prison sentence of between four and 12 years if the accused is in a position of trust. The possession of indecent images of a minor carries a maximum sentence of three years but the accused can be handed a jail sentence of anywhere between six months and four years if he is in a position of trust.
If the murder charge is dropped, the most serious one Mr Tanti faces is the assisted suicide charge, which carries a maximum of 12 years. The Maltese Criminal Code states that when a person is found guilty of a number of charges, the accused is sentenced in full for the greater crime with an increase varying from one third to one half of the aggregate duration of the other crimes.
This means that, if the maximum sentences are applied in each case, Erin Tanti can be jailed for a total of 23 years: 12 for assisting Lisa Maria to commit suicide and half the sum of the rest of the charges.
However, Dr Gatt said that a number of factors can determine the final sentence. “The court can take into account a number of factors, such as if the deceased contributed to the crime. The magistrate also has discretion over the sentence inflicted.”
Erin Tanti will probably face a trial by jury, and the verdict delivered at the end could also have a direct effect on the sentence handed down. “A strong verdict might lead to a harsher sentence, but this might not necessarily be the case.”
What happens if Tanti pleads insanity?
Dr Gatt explained that Tanti’s lawyers have already asked for a psychiatric evaluation but have, so far, not filed for an insanity plea. The lawyer said that, if they do, three psychiatrists would examine the accused and then present a report to the court.
The Attorney General would have 30 days to contest their findings. The matter could be decided by a judicial process (gurin). If the report’s findings are upheld, the case could be dismissed and the accused cleared on the grounds of insanity. He would, however he would be transferred, under the Mental Care Act, to Mount Carmel Hospital.