Constitutional court rejects application in femicide case

A court has dismissed an application by Fabian Eliuth Garcia Parada, who is facing charges in connection with the murder of Sandra Ramirez.

On Tuesday, the court, presided over by Judge Henri Mizzi, declared the constitutional petition inadmissible, citing established legal principles and precedent.

The underlying criminal case dates back to January 13, 2024, when Ramirez was stabbed to death in her Sliema home. Parada was arraigned the following day, accused of causing her death with intent or placing her life in clear danger. The case falls within the framework of Malta’s recently updated legislation recognising femicide, introduced in 2022.

At the first hearing, Parada requested that the Magistrates’ Court refer certain constitutional questions to the Constitutional Jurisdiction Court. His request was denied in February 2024, with the lower court implicitly finding the issues raised as frivolous or vexatious. Undeterred, Parada later filed a direct constitutional application in May 2024, repeating the same arguments.

In dismissing the application, the Constitutional Court cited jurisprudence which established that once a lower court rejects a request for a constitutional reference, the matter cannot later be brought as a separate constitutional case.

Judge Mizzi concluded that since Parada’s petition concerned the same issues previously rejected by the Magistrates’ Court, the application was null. The court also ordered Mr. Parada to cover the legal costs incurred.