Defence in Sliema murder wants case suspended citing 'discriminatory' femicide law

The compilation of evidence against Fabian Eliuth Garcia Parada for allegedly murdering his ex-girlfriend has begun on Thursday.

In court, the defence also challenged the femicide charge, as the accused's lawyers stated that the charge itself impinges upon the accused’s right to a fair hearing.

Among the charges, Garcia Parada is being charged with femicide, making him the second person to be charged with the newly introduced crime in 2022. The law itself is being challenged by Roderick Cassar who is the first person accused of femicide, as he claims that the charge is discriminatory. 

The 43-year-old accused from Colombia denied the murder charges. Sandra Ramirez was stabbed to death at around 6:15am on 13 January.

Concerns over the discriminatory nature of the femicide offence were raised by some lawyers at the time of its approval by parliament. 

The defence argued that being charged with femicide denies one’s ‘crime of passion’ defence. Therefore the defence requested that the case be suspended until the constitutional court settles the femicide law debacle.

Herrera, along with Matthew Xuereb who is also defending the accused, argued that should they file a fresh constitutional case against the femicide law, the criminal case would move on. This would not be the case however, should they request the court to reference the constitutional court, leading to a suspension in the criminal case. 

The court accepted the prosecution's request so that it may be given more time to reply to the defence's request.

The case will continue to be heard on 6 February. 

Lawyers Yanika Bugeja, Jose Herrera and Matthew Xuereb are defence counsel. Inspector Wayne Camilleri has joined Attorney General lawyers Kaylie Bonett and Ramon Bonett Sladden in prosecuting. Meanwhile Arthur Azzopardi, Jacob Magri and Frank Anthony Tabone are representing the victim's family.