Abner Aquilina not fit to stand trial for murder of Paulina Dembska, court rules

A court has ruled that Abner Aquilina is not fit to stand trial for the rape and murder of a Polish woman after psychiatrists testified that the accused was 'insane' at the time of the murder

Accused Abner Aquilina (centre) is flanked by two police officers as he is driven to the law courts in Valletta to face charges of murder and rape (Photo: James Bianchi/MaltaToday)
Accused Abner Aquilina (centre) is flanked by two police officers as he is driven to the law courts in Valletta to face charges of murder and rape (Photo: James Bianchi/MaltaToday)

Abner Aquilina is not fit to stand trial for the murder of 29-year-old Polish student Paulina Dembska, a court has ruled after hearing psychiatrists testify.

The team of psychiatrists appointed by the court, testified on Friday that Aquilina was unfit to stand trial at this stage of his convalesence and had been in a psychotic state at the time of the murder.

Passersby had discovered Dembska’s body at Sliema’s Independence Gardens on 2 January. An autopsy found that she had been brutally raped multiple times and strangled.

Aquilina, 20, from Zejtun, was later charged with her murder, and a plea of insanity was entered on his behalf by defence lawyer Mario Mifsud.

After his arrest, the accused had been admitted to Mount Carmel Hospital, where he told doctors that he was possessed by the devil.

The case had been adjourned for the presentation of an assessment drawn up by three psychiatrists, who had been appointed by the court to establish whether Aquilina had been in a state of insanity at the time of the murder.

When the case continued before Magistrate Marse Anne Farrugia on Friday, the three psychiatrists, Anthony Dimech, Anton Grech and George Debono, took the witness stand.

The experts reached the conclusion that Aquilina had likely been in a state of severe psychosis at the time of the murder. He was unfit to stand trial at this stage of his convalescence, they told the court.

The psychiatrists said they had spoken to the accused on five occasions, the last of the meetings taking place last month. The conclusions were based on the fact that Aquilina had been experiencing delusions and emotions that he expressed in his behaviour. Additional reasons given by the experts for their conclusion included the manner in which he had described the murder and his history of substance abuse.

The psychiatrists told the court that Aquilina was still in a psychotic state and still harboured certain reflections and strong delusions.

In view of the psychiatrists’ report, the court dictated a note to the effect that the accused had been insane at the time of the commission of the crime.

AG has two options

The Magistrate ordered the records of the compilation of evidence to be sent to the Attorney General. There are now two options facing the Attorney General - either hold an insanity trial (known as a gurin ), or else contest the psychiatric report during the compilation of evidence.

The case will continue on 15 July.

Inspector Wayne Camilleri is prosecuting, assisted by Attorney General lawyers Darlene Grima and Anthony Vella. Lawyers Mario Mifsud and Christian Camilleri are defence counsel. Lawyers Stefano Filletti and Martina Cuschieri are parte civile, representing the victim’s family.