Magistrate Marse-Ann Farrugia has ordered the continuation of the compilation of evidence against Noel Azzopardi, who is accused of murdering Eric Borg in Rabat on New Year's Day 2024.

Borg was shot dead with a shotgun on 1 January 2024. Azzopardi is accused of shooting Borg in Triq il-Fidloqqom, Rabat, before turning himself in at the Rabat police station shortly afterwards.

Azzopardi underwent an insanity trial last January, during which jurors were asked to determine his mental state both at the time of the alleged crime and at the time of the proceedings.

The jury concluded that Azzopardi had not been insane when Borg was killed but found that he was currently insane and unable to understand the proceedings against him.

Following the verdict, the Criminal Court sent the case records back to the Court of Magistrates, not with an order for the compilation of evidence to automatically resume, but for the magistrate to decide whether proceedings should continue.

Magistrate Farrugia subsequently decided last Wednesday on the 2nd September, that the court could continue hearing evidence despite the insanity ruling.

The decision was challenged by defence lawyer Arthur Azzopardi, who represents the accused.

During arguments heard in May, Azzopardi asked the court to revoke its decision, arguing that amendments to the law under which the insanity proceedings had taken place meant that once insanity had been established by a Criminal Court judgment, the compilation of evidence could only continue once the accused had recovered mentally.

The defence also argued that if a bill of indictment were eventually issued, Azzopardi would be unable to answer the charges against him or properly instruct his lawyer because of his present mental state.

The prosecution had argued that pending reports in the case should meanwhile be preserved, pointing out that a bill of indictment could not be issued unless three court-appointed experts confirmed that Azzopardi was mentally fit and capable of understanding the proceedings against him.

Magistrate Farrugia has now rejected the defence's request and ordered that the compilation continue.

She held that, with all due respect to the Criminal Court, she was bound by law to continue the compilation when expert reports established that an accused was in a state of insanity during the proceedings.

Farrugia also held that the Criminal Court had no jurisdiction over the Court of Magistrates while it was conducting a compilation of evidence, except where further witnesses needed to be heard after a bill of indictment had already been filed.

The defence is still challenging the decision, arguing that the magistrate's ruling effectively nullifies the order previously handed down by the Criminal Court.

Azzopardi faces charges including wilful homicide, using a firearm in the commission of a crime, firing a weapon within 200m of an inhabited area and failing to securely store his firearm and ammunition.

The prosecution is being led by Superintendent Godwin Scerri and Inspector Wayne Camilleri.

Lawyer Arthur Azzopardi is appearing for the accused.