Waylon Johnston
I'm still alive, murderer tells victim's family
'This was a case of extreme cruelty'
"I'm still alive, I'm still alive", Norbert Schembri told family members of his former girlfriend, who he had "mercilessly" stabbed to death five years ago and for which he was yesterday jailed for life.
Even after being convicted for the brutal murder of his daughter's mother, he showed no remorse.
He stood expressionless as the judge condemned him to life imprisonment for the vicious murder of 32-year-old Josette Scicluna. When Mr Justice Joseph Galea Debono pronounced judgment, he turned round and, as he headed for the door escorted by the police, he told the victim's sister and other relatives: "I'm still alive, I'm still alive", shrugging his shoulders.
Mr Schembri "mercilessly" murdered Ms Scicluna, stabbing her 49 times in front of their seven-year-old daughter after shooting open the door of her flat in May 2004.
In handing down sentence, Mr Justice Galea Debono said he could not help but notice that just eight days before the murder took place Mr Schembri's bail was extended, making the point that the murder could have been avoided had the courts acted differently.
A probation officer had then testified that the accused was still testing positive to cocaine and was still "threatening Ms Scicluna" despite being under probation. Yet, "rather than converting the probation order into a punishment, restricting his freedom..." the court extended his probation period, Mr Justice Galea Debono noted.
"Had things not been done this way, this heinous crime, only eight days later, could have been completely avoided and Josette Scicluna would have continued to enjoy her life with her daughter."
The judge also commented on the fact that Mr Schembri tried to flee Malta after he was granted bail before the case reached the jury stage. He was caught and jailed for 23 months.
The sentence means he will never leave prison alive.
He was also sentenced to three 10-day periods of solitary confinement, which will be spaced at the discretion of the prison director.
Returning after three-and-a-half-hours of deliberation, the all-male panel of jurors found him guilty by eight votes to one of killing Ms Scicluna and unanimously guilty of illegally carrying a firearm.
Defence lawyer Joe Brincat, in his submissions on punishment, asked the judge to consider that the verdict with regard to the murder was not unanimous and, therefore, a life sentence was not warranted. He insisted that he was not asking for mercy but for justice, mindful of his client's act.
However, the judge made it clear he would not have it, pointing out it was "almost unanimous".
Dr Brincat also said his client cooperated immediately and reiterated that he did not intend killing his ex-girlfriend. He had first made this argument in his closing arguments on Wednesday when he remarked that "only four" of the 49 knife wounds suffered by Ms Scicluna penetrated all the skin layers and the flesh.
The prosecuting officer Anthony Barbara, head of the prosecution unit at the Attorney General's office, vehemently opposed the pleas, pointing out that Ms Scicluna had suffered extreme torture in the moments before her death, as a court expert had explained.
"This was a case of extreme cruelty, something rarely witnessed in these courts," Dr Barbara said, adding the victim was stabbed in the genitals, chest and face in the presence of her daughter.
The jurors did not know that the accused had a criminal past with charges on his police record ranging from drug trafficking to grievous bodily harm and the way the jurors voted, although not unanimously, meant a lot, he said.
Appearing for the victim's family, lawyer Gianella Caruana Curran asked for the punishment to serve as a message to other people, both men and women, who are bullies.
To make her point, she went back to a detail in the testimony of a neighbour who witnessed the murder and who said that when he was finished with stabbing the woman, Mr Schembri simply stood up, fixed his hair and told the witness: "You can call the police now".
Those words, Dr Caruana Curran argued, were the words of a man who had finished the job he had set out to do, pointing out that he had gone to the victim's flat after being told by the police that she had filed a report against him.
Mr Schembri's criminal record has no fewer than 12 convictions. Three of them were jail terms, which followed a series of conditional discharges, probation orders and fines. He has convictions for driving offences, possession of cannabis, heroin and cocaine and trafficking in drugs as well as running over a person.
He was also a drug addict and although the courts had tried their best to help him, he never got over it. On this point, Mr Justice Galea Debono remarked that perhaps the courts had done too much for Mr Schembri.
Another factor the court took into account was the trauma he caused to his own daughter when he barged into the flat shooting the door down as she and her mother were having supper. The seven-year-old testified that she had "heard loud bangs" and later saw "the door open and daddy holding a gun".
Speaking after the sentence was pronounced, the victim's father said he was satisfied with the punishment. "My reaction is that my daughter will not be coming back. But it's a good judgment and justice has been done," he said, thanking the police officers who worked on the case.
Nine life sentences in 20 years
David Schembri's is the ninth life sentence given by Maltese courts over the past two decades.
The two longest serving inmates are Tunisians Mohsin Bin Brahim Mosbah and Ben Ali Wahid Ben Hassine who were sentenced to life in jail after admitting to killing four people on separate dates in February 1988. This was the only case of a serial killing in Malta with the motive being theft.
Joseph Harrington was jailed for life after being convicted of murdering Sylvia King, who was burnt alive in her car on April 4, 1993 at Kunċizzjoni, limits of Rabat.
Bertu Ellul was found guilty of killing three people, including a seven-year-old boy, in a shooting spree in May 1997 and was jailed for life.
The victims were Rose Baldacchino, her son Antoine and Matthew Baldacchino.
Andy Spiteri got a life sentence after admitting to shooting Police Constable Roger Debattista who was standing guard outside the Bank of Valletta branch in Qormi in November 2001. He formed part of a five-men gang that robbed the bank, with one of them, Ian Galdes Spiteri, also receiving a life sentence after admitting to his part in the theft.
Ibrahim Ramadan Chamber Shnishah was found guilty of complicity in the murder of hairdresser Alfie Rizzo on February 4, 1998 and was given a life sentence.
Alfred Azzopardi was jailed for life after killing Vanessa Grech and her 17-month-old baby girl Ailey on November 12, 2001. Their bodies were found in the well of her house with the baby sustaining four stab wounds and her mother 12.
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Joe Xuereb
Jan 26th 2009, 17:46
Ippermettuli nikteb bil-Malti la l-Ingliż ma tifmuhx (għalkemm niddubita). F'dan l-artiklu, il-mixli dejjem semmewh Norbert Schembri. Meta s-sinjura Judtih Debono tkellmet fuq ħuwa David, għidt David min hu? Minn artiklu ieħor u mhux mingħand Judith) sirt naf li l-isem sħieħ tal-mixli hu David Norbert Schembri. Għandi nifhem fil-familja jsejħhulu David. Wara dan kollu, tlabtha skuża u għaraft u irrikonoxxejt l-uġiegħ li hi u l-familja tagħha għaddejjin minnu. Dan li qed ngħid f''dan il-kumment bil-Malti h eżatt dak li għidt qabel bl-Ingliż. Mur afdah f'idejn il-poplu lil dan ir-raġel!! Apoloġija tkun f'waqtha Corinna.
@Graham Crocker. I cannot assume you are a native speaker of Maltese because I never assume anything. Your comment is a bit of a mixed message. Could you elucidate please? (not forgetting that Judith Debono is in a state of shock at the moment and needs all the support she can get).
@ M. Cardona. I really am at a loss to know what you are talking about. You are obviously not a sapientone (whatever that is in English - loosely translated, it is a 'know-all'. Whatever, it does not apply to me. I am your humble servant. No sapientone but not so simple, that is for sure.
Corinne Vella
Jan 26th 2009, 11:50
Joe Xuereb: Why blame David Schembri's family? It's not as though they're celebrating what their son/brother/brother-in-law has done. The relatives' comments below should have told you that much.
Joe Xuereb (London UK)
Jan 26th 2009, 01:39
@ Judith Debono. Sorry Judith. You must be having a difficult time and I sympathise. I am sorry but the article I read referred to your brother as Norbert Schembri. I later realised his full name is David Norbert Schembri. Sorry. Just a misunderstanding. Please take care of yourselves. Believe me, I appreciate what you are going through.
M. Cardona
Jan 26th 2009, 00:11
@Joe Xuereb
This crime was cruel and the perpetrator is rightly paying for his crime. But there's cruelty in actions as well as cruelty in expressions! Can't you and the so many sapientoni expressing herein the most ingenious acts of retribution scrape some compassion for the pain his family must surely be going through when they read your comments? It is cruel on your behalf to inflict further pain on those who had no part in this crime.
Graham Crocker
Jan 25th 2009, 21:48
@Judith Debono
I don't think Joe Xuereb will tell you who is.
Looking at your comments from now on nobody will.
Judith Debono
Jan 25th 2009, 20:30
i am david's sister's forever!!!it doesn't mean i am in favour for what he do in his life but i am still his sister and he is still my brother david!now you know how i am and how is david!if you like it's your turn to tell me who are you mr joe xuereb!!!!!
Joe Xuereb
Jan 25th 2009, 19:48
@ Judith Debono. I am sorry, I am a bit confused. Who is David?
Judith Debono
Jan 25th 2009, 19:00
i am anton debono writing this email,brother in law of david.david and i spoke about the case several times and he never pretended of not be punished or go out for free but for sure not having a life sentence.he was sure that everyone who makes mistakes in life have to pay for them but he is going to pay a very high price for what he done.who knows david know him as a very nice charecter,helpful person and very outgoing person.just to tell some people that david's problem was the abuse of drugs.so i wish that instead of people judjing about his charecter and his family,everybody must have a look around him-self and his family because as you know drugs are getting more popular in our island and i hope that no-one pass from our experience because it was very hearth-feeling mostly of people and news reporters report just what they like to report and talk about without thinking of what they speak and of what they write.i think now we had more than enough.
Judith Debono
Jan 25th 2009, 13:15
i' m david sister,i just want to say that both victim's are still in my life and in my love once and forever .i hope that all the foolish people in the street understand what i am saying.we still miss josette scicluna by leaving this world and still mis my brother david by missing this earth.and i want to say aswell that i and all my family still love very deep in our heart David's and Josette's lovely daughter. we love you so much.we are very sorry for everything that happened but we are very sorry as well for some of the comments that was helled in the streets but i want to make it appoint that we were never happy or laughed in any situation that happened in this case.i hope that everyone understand our situation.
Joe Xuereb
Jan 25th 2009, 12:55
I'm alive! I'm alive! That is the logical reaction of the seriously demented. Totally lacking any insight (possibly through prolonged abuse of drugs, alcohol and so on). His killing of Josette was only the culmination of a non-life that started years before. His crime effectively finished him. When things go wrong, etc. people get insight through therapy and get better. But killing another humanbeing is a thing gone wrong too far. He may never gain insight. Or he may but, because of the crime, he will remain condemned to his self-inflicted legacy. Because for whatever reason and by whatever means, he abused his gift of life. And another's. And one must never do that. And that is why evil becomes its own punishment.
The expression 'you made your bed, now lie on it' comes to mind. This pitiful man's slumber(?) will be in a prison cell. Death coming a-knocking would be welcome. But make no mistake, he is a human being whose life went tragically wrong. And in this light he should be pitied. Vengeance only demeans the vengeful. And is ill-advised.
Joe Xuereb
Jan 24th 2009, 23:49
Evil is its own punishment. Vengeful feelings merely squander energy. A good example is feeling angry, for example, at someone who abuses a system, obtains handouts by cunning, and brings up chiildren to believe this is the way to live. So, the person whose quality of life is being diminished by witnessing this 'injustice, being a decent sort himself, should merely ask the question, would I want to be this person. Would I bring up my children in this manner. The answer would be a resoundng no of course. And there lies the answer. And to feel angry at the fact that his prisoner is getting three free meals a day is equally short-sighted. This anger assumes that the evil-doers taste for food etc. is the same as his own. It is not. His heinous crime made sure HE ruined his live forever. The same dish, exquisitely prepared and for free in his case will not taste the same to his that it does to you. His will taste poisonous. All because he did not value his life and took away another's. Society's duty is to make sure he does not repeat the offence. He has no life now.
Tony Schembri
Jan 24th 2009, 22:40
Apart from the courts only god can judge David so please pay some respect to David s family aswell who have been through pain and suffering too for the loss of beloved Josette which her memories will remain in our hearts forever. We have lost three persons David Josette and their child (our niece). Pray to god that none of you people who are calling names and pointing fingers will pass through what we have passed,and that is for both families.May she rest in peace and may god help him go through the years.
Oscar Cassar
Jan 24th 2009, 18:45
What a sad situation we are living in. It is easy for us to criticize our Politicians, Court, Police Officers ecc and we expect all others to be accountable and to give their utmost and more to society, but then when it comes to ourselves we almost expect others to excuse us if we are lenient or if like in this case (the Jury) voting in a way (Not Guilty) when we are morally convinced of the opposite.
It is irrelevant if friends of criminals are powerful /more numerous than the friends of victims, police and law abiding honest citizens. I am not a perfect person and I can imagine the difficult situation in facing criminals, but how can we face ourselves in a mirror when in a way we had been on the side of a murderer in connection with the death of a victim with such extreme cruelty and not of the victims side (the family, the little child and the deceased)
How come we are sometimes given garbage on weekly TV programmes and we are not financing (taxpayers through TVM) enough educational and investigative programmes that really go through the problems, fear and phobias of our society?
josette mifsud
Jan 24th 2009, 18:26
Apart from feeling for the victim's family, I feel also for this monster's parents. To have given your life with all the sacrifices parents make for their offspring and then grow up into this THING is really a let down in life! I cannot imagine their pain and shame in being blood relatives...
Jos Vella
Jan 24th 2009, 15:34
hope that the accused will regret being alive.
Marianna Galea Xuereb
Jan 24th 2009, 13:38
@Tommy Vella and @ Leonard Gauci.
Yes, the Church nowadays is openly against the death penalty. And that is one reason why it has lost so many responsible, honest, previous followers. Even Christ himself did not condemn the Death Penalty while lying in agony on the cross.
He forgave conditionally NOT blindly “Go and sin no more”. But apart from preaching exaggerated mercy and banal, absolute forgiveness to the worst of hardened criminals and persistently conceited trouble makers, the modern, local church is allowing people who openly stole other people’s partners and were the cause of marriage and family breakdown to continue to make a mockery out of the holy Eucharist whenever they feel like it, for example. What next? Censoring the Ten Commandments and doing away with the sixth, seventh and tenth, say?
If this is really how we are supposed to practice Christian tolerance and charity, then I would be ashamed – not proud – to call myself Roman Catholic.
Marianna Galea Xuereb
Jan 24th 2009, 13:06
@Oscar Cassar
I recall several occasions where Maltese people unfortunate enough to be rounded up as jurors for a murder case said they were advised NOT to reach a unanimous 9-0 verdict “just in case you come face to face with the condemned sometime in the future” because in Malta a REAL life sentence for a murder is very rare, especially in view of repeated amnesties, records of people escaping from jail and the fact that “everybody knows everybody else”.
If there is at least a recorded 8-1 unanimous verdict than any one of the nine jurors can claim that he/she was the one who did not believe the condemned to be guilty and voted against condemnation “should the need arise”.
@ A. Saliba and @ Oscar Cassar
Unfortunately in this evil society of ours the friends of criminals (whether violent or so called “polite” i.e. those who manage to keep themselves perpetually out of jail and the hell on earth they most certainly deserve) are invariable so much more powerful and numerous than the friends of victims, police and law abiding honest citizens.
Oscar Cassar
Jan 24th 2009, 12:02
@ lgalea
I just read that Mr Schembri will be appealing his sentence and it is pretty obvious once he was given the maximum of punishment when the jury declared that he is almost 12% innocent (a guilty verdict of 8 votes to 1 and therefore not unanimous)
Can anyone tell me what this person had to do more then what he effectively did to the victim to get a unanimous declaration from the jury as guilty. I am convinced that the case was taken for granted and then the jury had being found unfit for the job or else they were afraid to act accordingly during a case of such extreme cruelty.
For this reason I am convinced that something have to be done and we must create a pool of persons trained as jury or we must change the system completely and abolish the trial by Jury from our Criminal Justice System.
Joseph Galea
Jan 24th 2009, 12:02
May this bad example of a human being rot in his cell and after in hell.
He has cut short a mother's life and condemned a little child to relive his cowardly act in her dreams for the rest of her life.
I really hope he will find some bully to make his life as miserable as possible and may he live a hundred years in these conditions. Death would be the sweetest end to this THING.
Let us stop extending suspended sentences for the likes of him and rid this society of the scum we are nurturing.
This little island is turning into a hell-hole. Shootings every week, murders every other, hold ups every day. Who will protect the innocent? Who will make up for the irreperable moral damage, suffered by these many victims? The police are doing their best to apprehend these beasts, our legal system is doing its utmost to keep them on the streets.
Is there a credible statistic to tell us how many of these criminals have truly reformed after so many chances?
joe the plumber
Peter Bonnici
Jan 24th 2009, 10:30
I'm hoping that whist he rots in a cell, he'll get the ''friendly treatment'' from his prison mates. Then he'll be cursing the fact that he's still alive, and hoping he was dead.
Charles Micallef
Jan 24th 2009, 09:49
@ Dr Fancis Saliba,
I fully endorse your comments, and I also believe that the main reason that criminality is on the increase is because do-gooders' are always protecting the villains at the expense of the victims and the efforts put in by the police to bring them to justice!
Graham Crocker
Jan 24th 2009, 08:48
M. Calleja
This man is no human, you can make the same argument for boiled chicken in my opinion.
M Borg
Jan 24th 2009, 08:15
i fully agree with Tonio Aquilina. We as Maltese citizens have the right to know who these bullies in our societies are. There are lots and lots of such bullies, out on bail, after violating, abusing and simply not-taking care of other's rights. What MUST be done, is that when a person is accused for the 2nd time in our Courts (let's give the privilege of the doubt for the first time offenders), their photos should be published in all local papers, so that if by any chance for example one of these bullies try to re-locate from one village to another or from Malta to Gozo and viceversa, the neighbours will know what kind of NEW neighbour they have!!!
and yes,....as in this case, the accused shall be given hard work in prison with the money due to him being transferred to his parentless child
Robert Callus
Jan 24th 2009, 05:19
@Lara Bonavia
Now we are not supposed to pity the accused. However I do pity the defence lawyer who had literally nothing to defend. He had to say something so that he doesn't appear a fool and said that. And having a defence lawyer is something mandatory (I wouldn't have defended for all the money in the world though)
alex darmanin
Jan 24th 2009, 00:14
Yes of course your're still alive Mr. Schembri, but at least you are going to deteriorate yourself till death in prison. I better be sentenced to take the electric chair than serving the rest of my life depressed behind bars
Ronnie Gauci
Jan 23rd 2009, 23:58
The murderer changed from sheep to wolf soon after his sentence was read, that is why I always say never trust a criminal within the Law Courts Building or soon after he/she is caught, he/she may look innocent, reformed or pain-strucken for what he/she did but in fact all he'll be is a wolf dressed up as a sheep ready to strike again soon after the next suspended sentence is handed out.
lgalea
Jan 23rd 2009, 22:39
Oscar Cassar
NO Oscar.
Let's leave the jury system as it is.
That's what was wanted by the eu so that they may manipulate the system.
Without in any way reflecting on our Judges, what is more difficult Oscar, to pressure a Judge or to pressure a number of persons who are chosen from a bigger number on the date that the trial starts?
The jurors are to decide on the facts brought before them and not on the law.
It is the Judge who decided the punishment according to the parametres of the law but whether the person is guilty as charged is decided by the jurors.
Oscar Cassar
Jan 23rd 2009, 21:38
@ A. Saliba
I perfectly know what do you mean when saying that all the friends and relatives of the accused know what you (the Jury) look like, but with the same argument put yourself in the position of the victim, prosecution, police investigators, Mr Justice Galea Debono ecc ecc. The Jury are an active part of the Criminal Justice System when a jury takes place and if they do not act as such according to their conscience, they are betraying the system and indirectly they could have given a very useful tool to the defence lawyer. Therefore if (un trained) persons serving as jury are being find unfit for the job or being afraid to act accordingly even during a case of extreme cruelty like this one, it is better that we change the system as it was once proposed by Dr E. Fenech Adami and abolish the trial by Jury within our Criminal Justice System.
Tonio Aquilina
Jan 23rd 2009, 20:43
He got what he deserved and that is life
Why do we never get to see the faces if these criminals?
A Bezzina
Jan 23rd 2009, 19:59
It should be life without presidential pardons.
G. Mangion
Jan 23rd 2009, 19:36
The Court of Law in Malta must see not to Give, Bail to a relapser ! last week a 77 year old Lady was robbed ( HIT AND RUN @ MSIDA ) All the media said the Culprit was a Relapser,
and he got Two sentece's in the past 10 Months, he got a Bail after Bail,
Could have Been more Worse to the 77 year old Lady.
A. Camilleri
Jan 23rd 2009, 19:25
There seems to be a mistake in this article. The name of the person who was found guilty of the murder of PC Roger Debattista, and who is serving life imprisonment, is Andy Calleja.
Lara Bonavia
Jan 23rd 2009, 19:14
"Dr Brincat also said his client cooperated immediately and reiterated that he did not intend killing his ex-girlfriend. He had first made this argument in his closing arguments on Wednesday when he remarked that "only four" of the 49 knife wounds suffered by Ms Scicluna penetrated all the skin layers and the flesh."
He did not intend killing his ex-girlfriend??? "ONLY FOUR" of the 49 knife wounds... penetrated all the skin layers and the flesh?? Are we supposed to pity this 'person'?
STEPHANIE FALZON
Jan 23rd 2009, 18:41
He is where he deserves to be. The young mother can never come back. Now, I am really sorry for the little girl who had to give evidence against her own father (even if he is who he is), the mother's family as they have also had a great loss and last but not least HIS family, who did not ask for any of this to happen, but will have to be associated with this for the rest of their lives. May we keep them ALL in our prayers?
j schembri
Jan 23rd 2009, 18:38
is it possible that such a brutal murderer and psychopatic will ever be let out of prison. Hope not, hope our legal system will not permit this!still can't figure out why the respectable judge didn't hand in at least two life sentences,just to make sure that he really gets out of prison in a box.otherwise if he do get out that means more danger for the society.
Oscar Cassar
Jan 23rd 2009, 18:04
@ Philip BCortis
Please note that you are incorrect in saying that if all jurors found Mr Schembri guilty, it would still be reported 8 vs 1 to protect the jurors vote. Infect in the case of two Libyan men how were jailed for a total of 25 years last October, it happened after jurors unanimously found one of them guilty of raping a Swedish girl and the other of assisting him. (The Times Thursday, 23rd October 2008 in connection with the case of Nader Abdulaziz Elgerian and Hasan Mohamed Ahmed) To my opinion, after such a cruel case, the jury was not in a position and did not find the courage of declaring Mr Schembri unanimously guilty. Infect such an argument was also used in favor of Mr Schembri by his defense lawyer Dr Joe Brincat, who asked the judge to consider that the verdict with regard to the murder was not unanimous and, therefore, according to him a life sentence was not warranted.
Dr Francis Saliba
Jan 23rd 2009, 18:00
Some murders by psychopathic individuals could never be prevented. On the other hand those who always find excuses for criminals of all sorts and who encourage them by transferring the blame on to rest of society have a lot to answer for!
Emanuel Farrugia
Jan 23rd 2009, 17:17
If it is in the terms of reference of the Commission for the Administration of Justice, may I request an investigation regarding on what grounds or for what reason, the bail of the accused was extended one week before the murder and against certain qualified advice and considering his previous criminal record.
Tommy Vella
Jan 23rd 2009, 17:13
@ Leonard Gauci
Here are some excerpts of one of the many declarations by the church condemning capital punishment.
The Holy See has consistently sought the abolition of the death penalty and his Holiness Pope John Paul II has personally and indiscriminately appealed on numerous occasions in order that such sentences should be commuted to a lesser punishment, which may offer time and incentive for the reform of the guilty, hope to the innocent and safeguard the well-being of civil society itself......
The Pope had most earnestly hoped and prayed that a worldwide moratorium might have been among the spiritual and moral benefits of the Great Jubilee which he proclaimed for the Year Two Thousand......
It is surely more necessary than ever that the inalienable dignity of human life be universally respected and recognised for its immeasurable value. The Holy See has engaged itself in the pursuit of the abolition of capital punishment and an integral part of the defence of human life at every stage of its development and does so in defiance of any assertion of a culture of death.
Strasbourg, 21 June 2001.
Ian Chetcuti
Jan 23rd 2009, 17:09
Hope he rots in jail!
Leonard Gauci
Jan 23rd 2009, 16:43
Thank you Victor Galea, my feelings exactly. I cannot see how someone who claims to be civilized can be in favour of the death penalty. If one looks at the six countries where most executions were carried out during 2007, the USA finds itself in the company of China, Iran, Saudi Arabia, Pakistan and Iraq. Article 2 of the Charter of Fundamental Rights of the EU states “No one shall be condemned to the death penalty, or executed”.
I find it annoying that while the Roman Catholic Church continues to express such strong views regarding divorce and contraception, it still has not condemned the use of capital punishment in any circumstance.
David Falzon
Jan 23rd 2009, 16:24
Maybe some philosopher will come along in a TV programme saying that we can rehabilitate this monster. In the times we live in, murderers, theivies, drug pushers, prisonners, u name it, they all have rights.Where are the rights of the law abiding citizens? Where are the rights of victims of crime?
We need to go back to the times where if you break the law, you forfait your rights period.
Philip BCortis
Jan 23rd 2009, 15:34
RE Mr Cassar comment
Stand to be corrected, but even if all jurors found Mr Schembri guilty, it would still be reported 8 vs 1. This is to protect the jurors vote.
RE Death Penalty VS the society responsibilities
What Mr Schembri did is just wrong and I’m not going to defend him. However, this article reports that the courts had given him chances in the past to reform himself. I ask how did the courts do this. Did they set him free before with the hope that he will miraculously improve his behavior or did the court provide for therapy? So far I have never heard the Maltese courts sentence one to therapy. What’s wrong with such?
Did Mr Schembri in the past, perhaps when he was a child, had problems? If yes, did the society help him?
I absolutely don’t know Mr Schembri and what he did is horrible. But next time we point a finger to someone, we are also pointing 3 fingers to us.
I would rather be sorry for ALL involved leave the judgment to the almighty
s pace
Jan 23rd 2009, 15:27
Well done to the Judge and also to the minister Tonio Borg who reformed the penal system some time ago. Apparently, this has restored and improved faith of society to the justice system. It has served society well.
And there was no other way isnt it? With this person, justice was kind once in extending probation, but to no avail. This should give messages to authorities who toys with leniency in probation or whatever.
Organisations lobbying against permanent life sentences have no respect to justice, to the vulnerable, to victim's relatives and the rest of people of good will. Such a cause has no moral strength.
Michael Neville Cassar
Jan 23rd 2009, 14:47
Killing a person with torture is showing how hateful Schembri was at the time of his action. One wonders after this man criminal record why the justice system here in Malta did not put this man for a longer prison term for his previous behavior. It is my opinion that the system failed to see that this man was dangerous to society, and that it did not prevent to safe guard the life of an innocent woman . Further more the traumatic situation that a 7 year old girl will be living through her life. I belief that it is time to change our system to increase harsher approach so as to prevent a repletion of such a crime.
Joe Vassallo
Jan 23rd 2009, 14:40
Will the person/s who failed to protect society from such a creature be held accountable?
D Vella
Jan 23rd 2009, 14:17
It seems that some of the commentators here are more interested in revenge than Justice .
Eddie Attard
Jan 23rd 2009, 14:05
According to our criminal Code, after sentencing any person to imprisonment for life, the court may recommend in writing to the Prime Minister within 24 hous the minimum period which in its view should elapse before the prisoner is released from prison. So far, the longest prison sentence in Malta was that of John Naylor. He was released after 27 years.
The youngest prisoner with life sentence was 12-year oldToni Cutajar in 1838 who was caught stealing from the santuary of the Immaculate Conception at, Qala, Gozo. Only six prisoners with life sentence left the prison in a coffin since 1800
Stephen Vella
Jan 23rd 2009, 13:55
This case should create more awareness to how conditional discharges are granted. As the judge remarked, this horrific crime could have been avoided have the authorities not been so lenient. After all the accused did not show any repentance even after committing twelve other alleged crimes, this person should have been put behind bars long ago.
Adrian Gouder
Jan 23rd 2009, 13:40
Cases such as this one reinfornce my belief that senstences should be cumulative. This monster should be given a life sentence for the murder, 10 years for the trauma to his own daughter, and consective life senstences for each drug related crime previously committed. If it were for me, 400 years should do. In that way he would be eligible for parole after say 200 years and he may even be given a presidential discount of 50 years.... that way he truly would never leave jail alive.
Oscar Cassar
Jan 23rd 2009, 13:27
For me the only reason why the perpetrator can be left alive is to make some work (even in prison) and earn some money to be given to the carers of his child. To my knowledge (excuse me if I am wrong) the Ministerial directives encourage such a system that must be enforced. The victim is in most cases is left aside from the Criminal Justice System and at this moment in time, the greatest victim is the little child that surely needs a psychological and financial support.
Victor Galea
Jan 23rd 2009, 13:04
As a Maltese living in the States, it is always a point of pride that Malta is among the vast majority of civilized nations that has banned the death penalty. My home state of Michigan was historically the first democracy to do so, in the 19th Century. I am deeply ashamed that this country continues to use capital punishment despite the documented cases of persons who have been sentenced to death later being exonerated. There are many other reasons that capital punishment is ineffective and wrong. I fervently hope that the Maltese do not fall into the trap of embracing this simplistic course of action. Vengeance is not justice, it does nothing to help the victims and is not an effective deterrent.
Franco Farrugia
Jan 23rd 2009, 12:19
What the judge said with regard to how this murder could have been avoided, should be studied meticulously by the authorities who, at the end of the day, represent us, the citizens of this country!
Very serious accusations have been levelled, and I, for one, have understood what the judge said. Now, what about the authorities? Or shall we act as if nothing happened, and that nothing was said? Similar to the story of the naked emperor!
It is about time the the Courts, that ultimately also represent society, are firm with those who deserve nothing better than just that! There should be no leniency with criminals.
M. Mizzi
Jan 23rd 2009, 12:17
Mr. Spiteri, I agree with you 100% but sometimes I think that killing a person like that would put him out of his misery so maybe it would be better to give him a death sentence, keep him in solitary confinement and every now and then tell him his day has come, make as if he's going to be justiced and then, every time you send him back to his solitary cell. He will end up wishing to be dead.
A. Saliba
Jan 23rd 2009, 12:14
@Oscar Cassar
"Where the jury afraid of issuing a clear and unanimous verdict of guiltiness (9 votes vs 0 instead of 8 votes to 1) in such a cruel case for such a cruel person?"
Put yourself in their position. All the friends and relatives of the accused know what you look like.
Joe Pavia
Jan 23rd 2009, 12:12
Mr. Justice Joseph Galea Debono made a damning remark. He pointed out that the victim’s horrible death could have been avoided if eight days before that fateful day Schembri's bail was not extended. Who is accountable? Any resignations?
George Xuereb
Jan 23rd 2009, 12:03
I have to say I agree with the death sentence in this case. He defenitely cannot be recognised as Homo sapiens... the human race.
Hopefully he doesn't find a way to get hold of cocaine when in jail. This alone will give him the suffering he deserves. It's worse than the death sentence. Maybe he learns the lesson. I would also refrain from giving him substitutes to cocaine. He doesn't deserve it.
John Axisa
Jan 23rd 2009, 12:01
I hope that the Corradino inmates will take note of his comment and teach him a lesson.
M. Calleja
Jan 23rd 2009, 11:58
@Alex Spiteri
The death penalty is never an option. No human being has the right to take the life of another. Taking a life for another is not justice - it is vendetta. No-one is above the other to determine you has the right to live and who has the right to die. Human beings are not disposal in any way - in any circumstance. Life imprisonment is a fair and just punishment - sometimes it is worse punishment to live than to die.
Marvin Bugeja
Jan 23rd 2009, 11:54
Well done to Mr. Justice Galea Debono. We need more judges like him. However, as Mr. Justice noted himself ... "A probation officer had testified that the accused was still testing positive to cocaine and was still threatening Ms Scicluna despite being under probation. Yet, rather than converting the probation order into a punishment, restricting his freedom... the court extended his probation period!, Had things not been done this way, this heinous crime, only eight days later, could have been completely avoided and Josette Scicluna would have continued to enjoy her life with her daughter."
I ask ... Who is going to pay and how, for this indirect but nonetheless serious crime of allowing a well known criminal back on our streets, after he has threatened to kill people and had also attempted several times before? The court is responsible BUT who will pay now? or better still, who will guarantee that this negligence won't happen again? Will everything stop here? Are we allowing Josette's death to be in vain? We deserve to know who was actually that brilliant chap who allowed a well known monster back on our streets!
Oscar Cassar
Jan 23rd 2009, 11:50
For me the only reason why can be left alive is to make some work (even in prison) and earn some money to be given to the carers of his child. To my knowledge (excuse me if I am wrong) the Ministerial directives ecourage such a system that must be enforced. The victim is in most cases left aside from the Criminal Justice System and at this moment in time, the greatest victim is the little child.
Adrian Cardona
Jan 23rd 2009, 11:44
Bring back the death penalty for these kind of monsters. These beasts show no remorse for what they have done, can never be rehabilitated, are a continuous danger to society, and if given a chance, would do it again in a heartbeat. What is the point of keeping him in jail, with society having to keep him alive and treated well, when he has made it very clear that he does not want to form part of it? The only slight consolation in all this is that his famous last words ("I'm still alive") will sound very hollow to him when he realises that the living he's going to do for the rest of his life will be pretty limited , and if he has any self-respect left, he might actually do away with himself and save us all some money in the process.
David Meilak
Jan 23rd 2009, 11:44
@ Oscar Cassar
The Law was changed in Malta...................and Life means...................Life....................
No amnesties..................no fooling around.............no second chances................
Its the least this country can do to counterbalance the cruelty of cases such as this...........
Oscar Cassar
Jan 23rd 2009, 11:42
To my knowladge, as Ms Daphne Caruana Galizia wrote in another page of this blog that life sentence does not mean literally until death. It is generally around 25 years. If this is the casem the facts are not as written in this article that "The sentence means he will never leave prison alive"
e.cortis
Jan 23rd 2009, 11:32
ALIVE !! My foot . Death would have been a much better option. Thankfully, amnesties are not enjoyed by inmates serving a life sentence . So , Enjoy your damnation and may God give you a long life while we witness this scum of the earth rotting away. Enjoy it !!
Ian Galea
Jan 23rd 2009, 11:19
A life sentence is the least this beast deserves ... now change the law and make sure he doesn't see the light of day ever again!
Pamela Brincat
Jan 23rd 2009, 11:01
Sorry Mr Schembri.., You're not alive, you simply exist! There's a big difference between living and existing... My support to Scicluna family! GOD BLESS YOU ALL!!!
Alex Spiteri
Jan 23rd 2009, 10:59
In cases like these, i continue to believe that the death penalty should be an option to be used by the court. as the accused said, unlike josette scicluna, he is still alive and although he will only get out from jail as a death person, i guess its still not justice, at least from the victim relatives' perspective. although he did this terrific crime, this guy will still be treated with free meals, free accommodation and visited by his family, priest, archbishops and also politicians, when the gates of hell are those who should welcome this monster!
Oscar Cassar
Jan 23rd 2009, 10:53
Yes he is still alive and we are paying taxes to keep this very cruel person as comfortable as possible. What is the benefit for the community in general in all this? Will he be ordered to do some community work or just sit there? Will he benefit in some way from an amnesty (if granted by authorities) and then a life sentence will become 25 years and from then the sentence will always be decreasing? Where the jury afraid of issuing a clear and unanimous verdict of guiltiness (9 votes vs 0 instead of 8 votes to 1) in such a cruel case for such a cruel person?