A suspected fraudster's attempt to be pronounced unfit to undergo criminal proceedings has been quashed by a court of appeal. 

Jonathan Baldacchino, 30, from Sliema stands accused of defrauding British pensioner Paul Nice out of his €100,000 life savings by posing as the son of a financial adviser and promising to secure a significant profit for Mr Nice.

Baldacchino was arraigned in June 2013 on charges of fraud, with his lawyers pleading insanity as a defence. But a panel of medical experts had decided that there was no evidence of that, with a minor jury subsequently ruling 7-2 that the experts' findings should be confirmed. 

Mr Baldacchino had appealed this decision, citing irregularities in the trial. 

In today's judgment, the court of appeal presided by Chief Justice Silvio Camilleri, judge David Scicluna and judge Joseph Zammit McKeon noted that Mr Baldacchino had not filed a notice of appeal following the minor jury judgment. Furthermore, an appeal application had been filed 15 days after the judgment, despite the law stating that such applications must be filed within three working days. 

The court therefore declared the appeal null and void and ordered proceedings to resume before the court of magistrates as a court of criminal inquiry.

Lawyers Adrian Camilleri, Kris Busietta and Jason Azzopardi are counsel to the accused.