Proceedings began on Monday with a jury being told to determine whether 41-year-old Noel Azzopardi was legally responsible for his actions at the time of the fatal shooting that took place in Rabat on New Year's Day 2024.
The case centres on the killing of 27-year-old Eric Borg, who died after being shot during an incident that occurred in a residential area. Azzopardi, now 41, is facing a number of serious charges, including homicide, the use of a firearm while committing a crime, firing a weapon in close proximity to a built-up area, and breaches of firearm safety regulations.
This trial came following an assessment by a board of psychiatrists appointed by the court, which concluded that Azzopardi was suffering from severe mental health conditions and intellectual impairments at the time of the incident. According to the experts, these conditions prevented him from forming the criminal intent required for a conviction under Maltese law.
The psychiatric board also noted that Azzopardi had a history of mental health issues, including a previous admission to a psychiatric hospital due to aggressive behaviour and difficulties in controlling his emotions. Experts reported that, around the time of the shooting, he was experiencing persecutory delusions and was not fully aware of the consequences of his actions.
If the jury upholds the finding of insanity, Azzopardi could be committed to a psychiatric facility for an indefinite period. Should the jury rule otherwise, the case will proceed as a murder trial, an offence that carries a potential life sentence.
In his initial address, the judge explained the jury's role, stressing that their sole responsibility at this stage was to assess the mental state of the accused at the moment the act was committed. He outlined the legal principles they must apply and clarified that this hearing was separate from any future trial on guilt or innocence.
Following the judge's instructions, prosecutors Kaylie Bonnett and Kevin Valletta addressed the jury on behalf of the Attorney General. Bonnett told jurors that the law presumes the accused was sane unless the defence proves otherwise. She explained that their task was not to listen to a narrative, but to evaluate the evidence presented by the defence and decide whether it truly showed a lack of criminal responsibility.
The prosecution argued that, despite any underlying mental health issues, the accused understood both his actions and their consequences. Bonnett said the accused was aware of what he was doing and knew it was wrong, yet still chose to act. She stressed that anger or emotional disturbance does not amount to legal insanity.
The prosecutor also clarified the legal meaning of insanity under Maltese law, explaining that criminal responsibility depends on both the physical act and the mental intent behind it. She said the jury must determine whether the accused had the capacity to understand his actions and distinguish between right and wrong at the time.
Bonnett further pointed out that the accused's conduct before and after the incident, including his cooperation with police and the detailed statement he gave, indicated awareness and control rather than confusion or loss of understanding. She reminded jurors that the fact that someone suffers from a mental condition does not automatically exempt them from standing trial.
The prosecution is being led by lawyers Kevin Valletta and Kylie Bonett on behalf of the Attorney General, while lawyer Joe Giglio is appearing as parte civile for the victim's family. Azzopardi is being represented by Arthur Azzopardi and Nicole Vassallo.