Abner Aquilina was confined to his room at Mount Carmel for 23 hours a day, court hears

Before his recent transfer to the Corradino Correctional Facility, Abner Aquilina would be locked in his room at Mount Carmel Hospital for 23 hours every day, his lawyer has told the court compiling evidence in the homicide case against Aquilina.

The 21-year-old man is accused of strangling Paulina Dembska at the Independence Gardens in Sliema, on New Year’s Day 2022. Bystanders told the court that they had seen him having sex with the victim’s body after killing her, something Aquilina himself had later boasted about.

When the compilation of evidence resumed before magistrate Marseanne Farrugia on Wednesday, defence lawyer Mario Mifsud informed the court that the issue of where Aquilina was to be detained had been resolved.

“Today is the defence’s first opportunity to remark that during his stay at Mount Carmel Hospital, Aquilina was subjected to inhuman treatment, by first of all being locked in his room for 23 hours a day. He was allowed only one hour to go outside and make phone calls.”

“For the first time in Malta’s history a union decided itself how a patient is to be treated,” he said, referring to a directive issued by the MUMN to nurses.

Mifsud condemned the management at Mount Carmel Hospital for the treatment received by his client and publicly thanked psychiatrist Anton Grech for his help and support with the matter. “Let it be written that that chapter is now closed.”

Aquilina is now being held at the Corradino Correctional Facility, said the lawyer. “The information I have is that he is being treated well, like every other prisoner, and is also treating other inmates, and the guards, well.”

The only witness to testify today was a police constable from the Sliema police station, who had been dispatched to the Forensic Unit together with two other officers, a sergeant and Inspector Cristina Delia to conduct a search of Aquilina’s holding cell.  “Besides his continuous abusive language directed towards me, he also exposed his genitals and invited me to kiss them,” said the officer.

At the time Aquilina had been wearing a white vest on which he had drawn an image of Paulina Dembska, the girl he is accused of murdering. He was reluctant to be parted from it, telling the officers that he wanted to keep it “because there’s the Polish girl getting fucked on it.” This incident had also been recorded on the officers’ bodycams, he told the court.

Cross-examined by Mifsud, the witness described the drawing as depicting one person on top of another. “It’s a bit faded now because he’s been wearing it a lot, apparently he’s quite proud of it.”

Mifsud asked whether Aquilina had been informed of his right to a lawyer before the visit. He had been read his rights by the sergeant, replied the witness.

A court registrar exhibited a transcript of the bodycam footage of the incident.

The defence lawyer lamented that the court should be hearing witnesses testifying about the crime itself and not subsequent exchanges. Mifsud pointed out that one witness in particular was yet to be heard - a Colombian man who he said, had been present during the incident. 

The court rebuked the prosecution on this point, stressing that this should have been done in previous sittings. 

Mifsud deflected the heat from his counterpart, prosecutor Darlene Grima, emphasising the prosecutor’s heavy workload. “There are 110 lawyers waiting to be given their warrants, which are already signed by the President. Had they been allowed to practise law, the prosecutor would probably be under a lot less pressure,” pointed out the defence.

The case was adjourned to October 25.

Police Inspectors Wayne Delia and Jonathan Ransley are prosecuting, assisted by lawyer Darlene Grima from the Office of the Attorney General.

Aquilina is being defended by lawyer Mario Mifsud and Legal Procurator Colin Galea.

Lawyers Stefano Filletti, Lara Dimitriyevic and Stephanie Caruana appeared as parte civile for the victim’s family.