A group of lawyers representing a Maltese-Australian man who is wanted in Australia after 17 arrest warrants were issued against him to answer to charges of violent indecent assault and rape of a 14-year-old girl yesterday insisted that their client was “unfit to stand trial”.
Lawyers Philip Galea Farrugia, Michael Tanti-Dougall and Jacqueline Tanti-Dougall said their client was not fit to continue with the proceedings against him as he was suffering from an acute psychiatric condition.
John Mary Chircop, 41, who has Maltese and Australian nationalities, is wanted in the state of Victoria in Australia to face charges of violent indecent assault and rape of the teenager, who happens to be his stepdaughter. The crime allegedly took place between 1 November 2003 and 8 September 2004.
Before Magistrate Joseph Apap Bologna, the lawyers requested the court to appoint psychiatric experts to report on their client’s mental condition.
But Deputy Attorney General Donatella Frendo Dimech objected to this plea saying that, apart from the fact that the proceedings he was facing did not amount to a trial but simply extradition proceedings, such a plea could only be raised by the defence if the accused is not able to brief his lawyers.
She said that although he was sitting in the courtroom with his eyes closed and seemingly in a world of his own, Mr Chircop was seen speaking to his lawyers. She also drew the court’s attention to ensure that Mr Chircop was actually following the proceedings in court.
During yesterday’s hearing, Police Inspector Raymond Aquilina provided the court with several documents related to the extradition proceedings against Mr Chircop. He explained that when he was arrested, his mother gave the police a prescription of the psychotropic drugs he was to take, contact numbers for his lawyer and psychiatrist and other documents.
Inspector Aquilina said that while he was being questioned, Mr Chircop replied to the questions asked by the investigators and never pointed out that he was not following what was happening.
Inspector Aquilina said that when police informed him why he had been arrested – that he was wanted in Australia for defilement and rape – Mr Chircop told investigators that it was all a frame-up. He had told police that the allegations had been fabricated.
He said that when he came to Malta, he had informed his Maltese lawyer and his psychiatrist about all that happened and that, as far as he knew, the issue had been referred to Amnesty International and the United Nations.
Under cross-examination, Inspector Aquilina was asked why he and the investigators had not called in a psychiatrist to examine Mr Chircop. Inspector Aquilina replied that in view of the circumstances he did not feel it was necessary.
The inspector continued that Mr Chircop had gone to the headquarters looking fine and had answered the questions he was asked. He said police were also informed that the defendant had a fixed job and his boss said he performed well at work.
The case was put off to 5 June when the magistrate is expected to deal with the request made by the defence after hearing the last witnesses of the prosecution.