The Malta Independent 25 April 2024, Thursday
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Kalkara cave: Defence wants court to appoint independent psychiatric expert to assess victim

Helena Grech Wednesday, 24 January 2018, 15:30 Last update: about 7 years ago

Defence lawyers for Roddy Swinton Williams, who is accused of attempted murder by putting his estranged wife's life in manifest jeopardy, have presented another bail request and are also requesting that the court appoints its own psychiatric expert to assess whether the woman is fit to testify.

Magistrate Claire Stafrace Zammit last week denied another request for bail based on the testimony by the woman's psychiatrist, David Cassar, who declared she is unfit to testify.

Defence lawyers had contested Cassar's declaration on the basis of a lack of physical symptoms.

Roddy Swinton Williams, 37, is accused of placing William's life in manifest jeopardy, sexual assault, holding her against her will, harassing her and causing her to fear that violence would be used against her. The accused was born in the Seychelles and lives in Fgura.
He was also charged with being in possession of heroin, slightly injuring his wife and threatening a policeman.

Natalie Williams was found in a cave in October 2017 without food or water days after she had been reported missing. The 46-year-old was due to testify against Swinton Williams two weeks ago, however a psychiatrist said she was unfit to do so.

Lawyers Franco Debono and Marion Camilleri, representing the accused, presented a court application this morning requesting that the court appoint an independent psychiatrist and that the psychiatrist declare whether she is fit to testify. 

In addition, a request has also been made to have an independent psychiatrist relay back to the court whether it would be in the interest of justice for the accused and Nathalie Williams herself to testify as quickly as possible in order to get the incident over and done with, and whether Williams has suffered undue pressure not to testify.


The lawyers put forward this request on the basis that the woman testified twice in police interrogations much closer to when the incident took place, and also highlighted issues surrounding the psychiatrist appointed by the woman and his accreditation. 

Last November, the courts heard how Williams remained in the cave out of fear, not knowing what her estranged husband would do to her had she escaped. It has been alleged that the estranged husband pushed his wife down a flight of stairs, into the sea, forced her to get to the cave and kept her in the dark. It was also claimed that he raped his estranged wife twice throughout the three-days she remained in the cave. 

While the court ordered that the psychiatrist’s testimony be heard behind closed doors, to safeguard the integrity of the victim, through submissions for a request for bail it emerged that the defence takes issue with the psychiatrist’s conclusion.

From Debono's submissions last week, it emerged that the psychiatrist told the court how Nathalie Williams was not sleeping at night, that she was suffering traumatic flash backs and that she was living in fear.

 

 

 





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