The Malta Independent 17 June 2024, Monday
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Court: Trial By jury on plea of insanity

Malta Independent Wednesday, 20 June 2007, 00:00 Last update: about 11 years ago

Four psychiatrists appointed by the court to assess the mental state of a man accused of stabbing his girlfriend to death in 2004 yesterday told a Criminal Court that the accused was completely sane.

The four experts were testifying during the trial by jury to decide on a plea of insanity of David Norbert Schembri, 31, from Sliema, who is accused of killing his partner, 32-year-old Josette Scicluna, when he allegedly stabbed her to death in her apartment in Carmen Mallia Street in San Gwann in the presence of their seven-year-old daughter at around 6.30pm on 3 May 2004.

The bill of indictment alleged that Mr Schembri entered the apartment after shooting a firearm at the front door. He got hold of a knife and stabbed Josette Scicluna to death. Mr Schembri is also being accused of possessing an illegal weapon.

Psychiatrist Ethel Felice was the first court expert who, one the day of the incident, was appointed by the duty magistrate to examine the accused and inform the court whether he is fit to be investigated and stand trial.

Dr Felice said that during her examination, Mr Schembri told her that he had problems in his relationship. He told her that when he was younger, he never had psychological problems and had a relatively normal childhood. He told her that he abused of cocaine, heroin and alcohol.

Dr Felice said Mr Schembri was cooperative and was coherent in his replies and knew why he was at the police depot. She said his attention and his behaviour were normal and cried whenever he remembered about Ms Scicluna.

Dr Felice concluded that Mr Schembri was totally in contact with reality and was completely sane.

Psychiatrists David Cassar, George Debono and Joseph Vella Baldacchino also testified yesterday and explained that they were appointed by the court in January 2007 to assess Mr Schembri’s mental state.

They said that on that day, he had gone to pick up his things from the flat where he lived with his partner because of problems they were having between them. The accused said he had carried a weapon because of the problems he had with the victim’s father. He added that he had been drinking alcohol since he was 15 years old.

He told them that he has five siblings and had a normal childhood and later on in life started abusing of cocaine, heroin and alcohol.

The experts said that during an interview with Mr Schembri’s mother, she told them that she always had doubts about his behavioural problems. She said he never had mental problems but was very shy.

In their conclusions, the experts said that they found no evidence of mental problems before or after the incident and therefore he was completely sane.

Under cross-examination, the team of experts said that after their report was compiled, a CT scan revealed that Mr Schembri has an anacroid cyst in his right temporal lobe of his brain. They explained that this could have effects on his brain resulting in fits. This cyst could also result in behavioural problems and could also affect one’s emotions. They said this cyst had no effect on the psychological profile they were appointed to examine.

Police Inspector Chris Pullicino, who investigated the murder, told the jurors that when he went to the apartment where the crime had taken place, he saw bloody handprints on the wall in the stairwell.

He said he also noticed that the front door to the apartment had been forced open and gunshots had been fired at it. On the inside, he said, there was a sizeable pool of blood and was informed that the victim had been rushed to hospital and that Mr Schembri had turned himself in to police.

In his statement released to the police, which was read out to the jurors, Mr Schembri explained that Ms Scicluna was his ex-girlfriend and they had a daughter. They had been together for about 11 years and had even lived together at times.

He told police that on the day, he called her but she did not reply. He said he went home, knocked at the door and heard his daughter ask who it was. When he entered the apartment, he said he saw Ms Scicluna with something in her hand. He said he was not sure what it was but grabbed it from her and started hitting her with it. As the fight moved into the kitchen, she picked up a chair to hit him with and he continued hitting her.

Mr Schembri said he saw blood and went to the San Gwann police station where he told a woman police constable what had happened. He also said that he was angry at Ms Scicluna for not answering his phone calls and that she was turning their daughter against him.

Police Constable Joan Bonello explained that on the day of the incident, she was stationed at the San Gwann police station when a man covered in blood walked in and sat down on the first chair he found.

She said she asked him what had happened and he told her that nothing had happened. She asked him what happened again and he told her that he had had an argument with his girlfriend with whom he had a seven-year-old daughter. She continued to ask him and he told her he had done something that he shouldn’t have done and that she was injured on the floor in the apartment.

Addressing the jurors, Deputy Attorney General Anthony Barbara, who is prosecuting, said that Mr Schembri went to Ms Scicluna’s apartment armed with a weapon and was therefore in total control of his actions. He was not insane according to law when the murder took place, he said. Dr Barbara said a drunk person is not insane and neither is one who lost his temper. Dr Barbara said Ms Scicluna had no less than 47 stab wounds in various parts of her body.

On the other hand, defence lawyers Joseph Giglio and Edward Gatt argued that the conclusions of the psychiatrists should have no effect on their decision because none of them spoke about their client’s mental state at the time of the commission of the crime.

The trial continues today.

Senior Counsel to the Republic Anthony Barbara prosecuted. Dr Joseph Giglio and Dr Edward Gatt appeared for the accused while Dr Giannella Caruana Curran appeared parte civile for the victim’s family.

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