The Criminal Court has cancelled the trial by jury against Paolo Mercieca, a 94-year-old man charged with attempted murder in 2019, after it was established he is not in a fit mental condition to understand or follow the proceedings against him.

In the same decree, Madam Justice Consuelo Scerri Herrera recommended the Minister for Justice examine whether amendments to the law are necessary to address situations such as these, namely where a person is considered mentally sound at the time the crime is committed, but later no longer remains mentally fit to undergo court proceedings.

The case dates back to 2019, when Mercieca was arraigned in court charged with attempted murder.

The case evolved during an argument over parking with his neighbour, the accused allegedly fired a gunshot, but the neighbour managed to duck. He was also charged with causing slight injuries to the victim, damaging his car, and being in possession of a firearm without a licence.

The alleged victim decided not to pursue court proceedings, stating that he had a good relationship with the Mercieca family, but Mercieca was still charged. 

In the decree delivered by Madam Justice Consuelo Scerri Herrera, the court considered the testimony of medical expert Edward Cherubino. During the sitting of 28 February explained that Mercieca suffers from a form of dementia that includes short-term memory loss, hearing difficulties and disorientation.

The expert testified that when he spoke to the accused, Mercieca did not understand what was happening around him and did not grasp the importance of the legal proceedings. He stated that the accused does not have the capacity to process or respond to legal matters.

In light of this, the court decided that Mercieca is not in a position to answer the charges against him or undergo a jury trial.

The trial was therefore cancelled and adjourned without a future date and may only be reopened if the accused's mental condition changes in the future.

With regards to the proposition for an amendment in the law, Madam Justice Herrera raised the question of whether, in such circumstances, the accused should remain outside institutions and continue enjoying his liberty as though the offence with which he has been charged did not exist. For this reason, the court suggested that legislation should address this gap in the law.

Mercieca is currently out on bail.

The accused is being represented by lawyers Franco Debono and Marion Camilleri.