Court rules that alleged murderer must stand trial

A man will be standing trial for the murder of his partner, by allegedly stabbing her repeatedly, after jurors yesterday found that he was not in a state of insanity at the time of the incident.

After just over two hours of deliberation jurors returned an 8-1 verdict in which they found that David Norbert Schembri, 31, of Sliema was of sound mind when he allegedly stabbed Josette Scicluna to death in her San Gwann apartment on May 3, 2004.

Mr Schembri had evoked 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. But yesterday's verdict means that he is not exempt from this responsibility.

In fact, shortly after the verdict was read out in open court, Mr Justice Joseph Galea Debono declared that Mr Schembri was not in a state of insanity at the time and ordered that the case against him proceeds to trial stage when, this time, jurors will determine whether or not he was guilty as charged. According to the bill of indictment against Mr Schembri, on May 3, 2004, he went to Ms Scicluna's apartment where there was also their daughter. When he got there he shot at the door of her apartment to get in and, once inside, he stabbed her repeatedly with a knife.

During an intense day of evidence, on Monday jurors heard psychiatrists David Cassar, George Debono and Joseph Vella Baldacchino explain that they believed Mr Schembri was of sound mind.

After examining him in January this year the psychiatrists 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. They concluded that it was clear that he never suffered from serious psychiatric disorders or psychosis and was not insane according to law.

The judge put off the case sine die (indefinitely) to be appointed for trial according to law after any appeals to this decision were filed by the accused. Soon after the judge read out the ruling, Mr Schembri's lawyers presented a note informing the court that he intended to appeal.

Assistant Attorney General Anthony Barbara prosecuted.

Lawyers Joseph Giglio and Edward Gatt were defence counsel while lawyer Giannella Caruana Curran represented the victim's family.