A 35-year-old man found guilty of attempted murder has been placed under a probation and surveillance order on the recommendation of his clinical psychologist and probation officer.

The case dates to October 2009 when James Aquilina was charged with the attempted murder of former MaltaToday journalist and wine bar owner David Darmanin, grievously injuring him with a pointed instrument, handling the instrument without a licence and relapsing.

David Darmanin

The victim had testified that he had been stabbed by Mr Aquilina, who had rushed in and hit him in the back as he was at his Sliema bar. He had then collapsed in a pool of blood and spent two weeks in hospital and time in intensive care.

Mr Darmanin had been dating the accused's former girlfriend. Several witnesses had testified that the accused had said that he could not believe that his former girlfriend had found a boyfriend so quickly.

In handing judgment, Magistrate Neville Camilleri took into consideration the accused's admission, the fact that his previous criminal convictions were minor and the fact that the accused had compensated the victim for the damages suffered through an amount which the victim was satisfied with.

A clinical psychologist testified that he had met the accused in 2005 after he had referred himself for anxiety and anger management. From his assessment of the accused, it emerged that the accused was haunted by past abuse which resulted in him having specific reactions when faced with intimate and personal situations.

He had undergone a lot of emotional and verbal abuse, the psychologist testified, as well as bullying and extreme neglect, especially when he was sent to a boarding school in the UK at the age of seven from which he then had to return.

The psychiatrist said that he had not had contact with the accused when the incident happened but when contact was once again established, they formed a working relationship and, after some time, the situation calmed down.

The worst thing which could happen was for the accused to be sent to prison because the sense of shame and guilt would be further exacerbated, the psychologist said, adding that the guilt and remorse weighing him down were in themselves heavy punishment.

The pre-sentencing report prepared by a probation officer suggested that the accused be handed a probation order at its maximum so that a comprehensive treatment plan would be drafted which would enable him to address those aspects in his life so that he could lead a stable life. This should be given in tandem with a community order, the probation officer suggested.

Such a sentence would ensure that the accused received adequate guidance while combining an element of strong deterrence, as well as compensating society.

Following the suggestions of the psychologist and the probation officer, the court issued a probation order and an order of supervision for three years, as well as ordering Mr Aquilina to carry out 100 hours of community work.

A three-year protection order was issued in favour of the victim. The accused was also ordered to pay the court expenses amounting to €5,859.