Judges agree with jury that murder suspect should stand trial

A man charged with fatally stabbing his girlfriend 47 times in front of their seven-year-old daughter after shooting open her apartment door will have to face a trial by jury, according to the Criminal Court of Appeal.

David Norbert Schembri, 32, had faced a trial by jury in June last year to determine whether he was insane when he allegedly attacked and killed his girlfriend on May 3, 2004.

Jurors then heard how Mr Schembri had allegedly gone to Josette Scicluna's apartment armed with a pistol and shot the door open. He then walked into the apartment and stabbed his girlfriend in front of their young daughter.

The jurors also heard three psychiatrists testify that Mr Schembri was not insane when he allegedly committed the crime.

The jurors had concluded, by eight votes to one that he was not insane when he allegedly murdered his girlfriend. Mr Schembri appealed the verdict.

The Criminal Court of Appeal, presided over by Mr Chief Justice Vincent De Gaetano, Mr Justice David Scicluna and Mr Justice Joseph Micallef, upheld the juror's decision.

The court said that after it had reviewed the evidence presented to jurors during the trial, it concluded that the jury panel could not have arrived at an erroneous decision.