The dissolution of a murder trial for the second time, as was the case on Tuesday, is not a first in Maltese criminal history.
A murder trial in Victoria was held three times in the late 19th century after a plea of dementia was raised.
The accused was eventually found guilty of murder and sentenced to death, with the penalty being commuted to life imprisonment by the then Governor Sir Arthur Freemantle.
On Tuesday, Mr Justice Joe Galea Debono, presiding over the trial by jury of Brian Vella, 35, dissolved the trial for the second time in two years after Police Commissioner John Rizzo was deemed to have given evidence considered prejudicial to the accused. Mr Rizzo suggested the accused could have had previous convictions.
Mr Vella is accused with the double murder of elderly couple Gerald and Josephine Grima at their home in Santa Lucija on February 17 six years ago.
The first trial had started on February 2004 but had been dissolved after the court decreed that the testimony of co-accused Dominic Bonnici was not admissable. Mr Bonnici had admitted involvement in the double murder.
Crime and police historian Eddie Attard yesterday recalled the trial over the murder of Salvu Mizzi, 70, of Victoria way back in November 1887. The motive for the murder was robbery.
That trial also had been stopped twice before it was held a third time.
Mr Attard said the police had then arrested three men, namely Cikku Farrugia, Toni Zammit and George Grech, but the latter had turned Queen's evidence.
The trial had started before judges Adriano Dingli, Luigi Ganado and Alessandro Chappelle on November 24, 1894 but after a plea of dementia on the part of Mr Farrugia was raised the trial was dissolved after the judges agreed that Mr Farrugia, who was then assisted by Zaccharia Roncalli, should be sent to a mental hospital for observation.
In a medical report on his mental condition, doctors subsequently found him in his right senses and fit to undergo trial, Mr Attard said.
The trial started for the second time on October 9, 1894 presided over by two of the judges in the first trial - Luigi Ganado and Alessandro Chappelle - and a new judge, Pasquale Mifsud.
But as witnesses had given their evidence and the court was about to deliver its sentence the plea of dementia on Mr Farrugia's part was again raised. While Mr Zammit was sentenced to life imprisonment, the court ordered that Mr Farrugia be sent again to a mental institution for observation.
Doctors again reported on his condition on November 6 that same year confirming findings in the first report about Mr Farrugia.
The trial began for the third time on November 17, 1894 and this time the accused was found guilty and sentenced to death for the murder of Mr Mizzi. The Governor eventually changed the sentence to life imprisonment.