Court orders return of Abner Aquilina to psychiatric care facility after disturbing testimonies

The court heard disturbing testimony from a former cellmate of his at the forensic unit, as well as of police officers who had searched his cell

Abner Aquilina, pictured, is accused of murdering Polish student Paulina Dembska
Abner Aquilina, pictured, is accused of murdering Polish student Paulina Dembska

A court has overturned an administrative decision taken by the prison authorities and ordered that Abner Aquilina be returned to Mount Carmel Hospital, in keeping with a decree it had issued last year.

This decision was handed down earlier today by Magistrate Marseanne Farrugia.

Aquilina, who is accused of the murder of a Polish student in Sliema’s Independence Gardens on New Year’s Day, had at some point been transferred out of a general ward at the psychiatric care facility, where he had been making progress.

However, he returned to the forensic unit at the facility, which is under the jurisdiction of the prison authorities. His lawyers claim that the forensic ward did not offer the same level of care.

He is pleading not guilty to the wilful homicide of the 29-year old student. His lawyers claim he is legally insane and are seeking an official declaration to this effect.

The defendant giggled and smirked as the court heard disturbing testimony from a former cellmate of Aquilina’s at the forensic unit, as well as that of police officers who had searched the cell. The defendant had subjected the officers to a stream of obscenities, claiming to be the Antichrist and cursing the officers.

The search, which took place last February, was made after other inmates had complained about Aquilina’s constant bragging about how he had strangled and raped the Polish student.

Abner Aquilina had been arrested during the early hours of January 2, 2022 at St Julian’s after causing a disturbance inside Balluta church, not long after the discovery of the victim’s body on a ramp leading to the gardens from the Sliema promenade.

Aquilina’s cell was searched the following February after police received reports that he was talking to his fellow inmates about the murder, while at the forensic unit.

Inspector Christina Delia and four other officers conducted the search, accompanied by a prison warder. Inside the cell they found Aquilina in his bunk bed, wearing a white sleeveless vest and dark trousers.

He told the officers that he didn’t know what they were looking for, and made a rude gesture to an officer documenting the search photographically.

His vest was exhibited in court on Wednesday. On it, Aquilina had sketched an image showing “the Polish woman being raped,” the court was told.

An inmate who had shared a cell with Aquilina also testified on Wednesday. He recognised the vest in court, saying that the ink had faded somewhat.

Aquilina had subjected the officers taking the vest to a barrage of abuse, telling them that they could do nothing to him.

“I was declared to be mentally unstable. You can kiss my balls,” he continued, exposing his genitals and challenging one of the officers “come and kiss them.”

“What evidence!” Aquilina had shouted, before describing in graphic detail how he had sex with the victim’s body. He had then sarcastically asked the officers whether they wanted “a pubic hair for DNA testing.”

The demented rant had gone on for around half an hour, said the inspector, while the officers seized a diary they found tucked inside Aquilina’s bed with three loose sheafs of A4 paper with writing recognised as by the accused’s hand. The search was recorded from beginning to end on the officers’ bodycams.

“I’ll go to prison. Oh how scary, going to prison! How scary!”Aquilina had taunted the officers.

At the end of the search, he had addressed the inspector, saying “You’re under a great curse! I’m the Antichrist.”(Sahta kbira ghandkom fuqkom. Jien l-Antikrist.)

When handed a document to sign after the search was complete, Aquilina had instead written a blasphemous phrase in Maltese.

Two other officers who assisted in the search also testified on Wednesday, giving similar accounts to that given by Inspector Delia.

At the end of the hearing the court upheld the defence’s request to order the accused to be returned to Mount Carmel Hospital, in accordance with its original decree.

The case continues in October.

AG lawyers Anthony Vella and Darlene Grima prosecuted, together with inspectors Shaun Pawney and Wayne Camilleri.

Lawyers Mario Mifsud, Nicholas Mifsud and legal procurator Colin Galea are defence counsel.

Lawyers Stefano Filletti and Stephanie Caruana appeared parte civile.

MUMN shocked by Mount Carmel transfer

The Malta Union of Midwives and Nurses (MUMN) has since spoken to health authorities, saying it is shocked by the decision to transfer Aquilina to Mount Carmel Hospital.

"MUMN is to be informed within the next 48 hours on the measures which [the hospital] management will be taking to mitigate the dangers of nursing Abner Aquilina," union president Paul Pace said in an email to the authorities.

The union is insisting that prison guards are stationed at Mount Carmel with the patient on a daily basis. "MUMN reserves the right of immediate industrial action without any prior notice if the nurses feel that their lives are threatened by such a patient."