Judge clears way for criminal action

A court yesterday declared that a 62-year-old man was of sound mind when he allegedly fatally stabbed his estranged wife at St Luke's Hospital in September 2005.

Mr Justice Giannino Caruana Demajo delivered the ruling after jurors on Monday returned a 6-3 verdict deciding that Anthony Schembri was not in a state of insanity when he allegedly killed Doris Schembri on September 29, 2005. The jurors' verdict meant that criminal action against Mr Schembri should continue.

Mr Schembri, of Birkirkara, who resided in Sliema, stands charged with the voluntary homicide of Mrs Schembri.

The compilation proceedings in the case had been interrupted by defence submissions that their client was insane. A team of psychiatrists was appointed to draw up a report.

However, the Attorney General did not agree with the report's conclusion that Mr Schembri was not of sound mind when he stabbed his estranged wife, so a panel of jurors was appointed to decide the matter.

On Monday, jurors heard Police Inspectors Christopher Pullicino and Silvio Valletta testify that Mr Schembri had gone to the Hamrun police station and gave himself up moments after allegedly stabbing his wife in her hospital bed.

Mr Schembri told the police he had thrown the knife he had used on the floor and kicked it after stabbing her. He then washed the blood off his hands, removed his blood-stained jacket and folded it to conceal the blood. He also wore his jacket in a way that would hide the blood on his shirt as he walked out of hospital.

Psychiatrists David Cassar, Anton Grech and Ethel Felice, who drew up the report, testified that Mr Schembri had for a long time been suffering from chronic paranoid schizophrenia. He felt as if he was being persecuted, he was deluded and he suffered from delusional perception, which made him interpret specific situations wrongly.

A month before the incident, he had started to deteriorate, hearing voices. He was also suffering from intense excitement and agitation.

The three psychiatrists said they were convinced he was suffering from a state of madness.

After hearing the various witnesses in the case, the jurors concluded that Mr Schembri was of sound mind at the time of the incident.

Following the verdict, the judge declared him of sound mind and ordered that the documents of the proceedings be sent back to the Magistrates' Court so that the compilation of evidence against Mr Schembri continues being heard.

After the ruling was read out, Mr Schembri's defence counsel announced that they were going to appeal from this decision.

Assistant Attorney General Anthony Barbara prosecuted.

Lawyers Anglu Farrugia and Edward Gatt represented Mr Schembri.