The compilation of evidence against Fabian Eliuth Garcia Parada for allegedly murdering his ex-girlfriend has begun on Thursday.

But the case was immediately suspended until next month after his defence said the new femicide law was discriminatory and breached his fundamental rights.

The 43-year-old man from Colombia denied the murder charges. Sandra Ramirez was stabbed to death at around 6:15am on 13 January.

Among the charges, Garcia Parada is being charged with femicide, making him the second person to be charged with the newly introduced crime in 2022.

The law itself is being challenged by Roderick Cassar who is the first person accused of femicide, as he claims that the charge is discriminatory. 

In court, the defence also challenged the femicide charge, as lawyer Jose Herrera stated that the charge itself impinges upon the accused’s right to a fair hearing. 

The defence argued that being charged with femicide denies one’s ‘crime of passion’ defence.

"There is discrimination," Herrera said, "because persons accused of murder end up in a different position if the victim is a woman. In case of femicide, the accused is placed at a disadvantage."

Therefore the defence requested that the case be suspended until the constitutional court settles the femicide law debacle.

The case will continue to be heard on 6 February.