Man who stabbed woman 47 times was of sound mind - psychiatrists

Three psychiatrists yesterday told jurors that a man, charged with murdering his partner by stabbing her repeatedly, was not in a state of insanity according to law.

Psychiatrists David Cassar, George Debono and Joseph Vella Baldacchino took the witness stand in the trial against David Norbert Schembri, 31, of Sliema.

Mr Schembri is evoking article 33 of the Criminal Code which states that he is exempt from criminal responsibility if it is proven that he was in a state of insanity at the time of the crime.

Jurors in the trial are, therefore, to determine whether or not Mr Schembri was of sound mind when he allegedly killed Josette Scicluna, with whom he had a daughter, by stabbing her 47 times in her San Gwann apartment on May 3, 2004. They will not be deciding on whether or not he is guilty of the crime.

The three psychiatrists explained how they examined Mr Schembri last January after they were appointed by the court.

They also examined the clinical notes held at the Corradino Correctional Facility and Mount Carmel Hospital and examined Mr Schembri.

They observed that he had a normal development and had no history of mental health problems. He had abused heroin, cocaine and alcohol for several years. Although he was on methadone at the time of the crime he had last used heroin and cocaine four days before the stabbing.

They concluded that it was clear that he never suffered from serious psychiatric disorders or psychosis and was not insane according to law.

Under cross examination they explained how after they compiled their report, they learnt that Mr Schembri had been diagnosed with an arachnoid cyst on the right temporal lobe of his brain.

This, they said, was the part of the brain associated with emotions and behaviour.

They added that this type of cyst was not effected by drug or alcohol intake and, in this case, the cyst did not affect the psychological profile of Mr Schembri.

Jurors also heard the testimony of Police Inspector Chris Pullicino who explained how on May 3, 2004, Ms Scicluna had been rushed to hospital where she was found to have been stabbed 47 times.

That day, the inspector was informed that Mr Schembri had turned up at the San Gwann police station where he told a constable there that he had done something he was not meant to have done.

Mr Schembri was eventually taken to the police headquarters where he consented to being tested for gunshot residue and a blood sample was taken.

Inspector Pullicino added that, when a toxicological report revealed several drug traces in Mr Schembri's blood, the inquiring magistrate appointed psychiatrist Ethel Felice to examine him. She concluded that he was mentally fit to be further investigated by the police.

In a statement, read out to jurors, Mr Schembri explained that Ms Scicluna was his ex-girlfriend and they had a daughter.

They had been together for about 10 to 11 years and had even lived together at times. In the months leading up to the incident their relationship was not going well and he wanted to take some of his clothes from her apartment.

That day he called her but she did not pick the phone up. He went home and had the usual couple of drinks - three or four tots - then set off to her house on foot. Earlier that day he had taken methadone.

When he got into the apartment he saw Ms Scicluna with an object in her hand. He was not sure what it was but he grabbed it from her and started hitting her with it. As the fight moved into the kitchen, she picked up a chair to hit him with and he continued hitting her with the object. 'Darkness' fell over him.

He did not remember how he hit her but, at one point they both ended up on the floor. He did not remember where his daughter was and neither did he remember why he stopped hitting Ms Scicluna.

In the statement he said that when he saw blood he ran out of the apartment and went to the San Gwann police station where he told a woman police constable what had happened. He told her to take him away because he was afraid of Ms Scicluna's father.

The inspector said that when questioned at the headquarters Mr Schembri said he had taken a weapon with him to the apartment but did not speak about this in his sworn statement because he wanted to speak to a lawyer.

The trial continues today when jurors are expected to start deliberating for a verdict after Mr Justice Joseph Galea Debono completes the summing up.

Assistant Attorney General Anthony Barbara is prosecuting.

Lawyers Joseph Giglio and Edward Gatt are defence counsel.