Defence argues accused was mentally unstable when he defrauded pensioner

The trial by jury of Jonathan Baldacchino has now entered its third day. At the end of the trial, jurors will decide if the accused had the mental ability to differentiate between right and wrong when he allegedly defrauded British pensioner Paul Nice of his life savings.

Baldacchino, 29, of Sliema, is charged with defrauding Nice of €54,000 between July and September 2012. The two had met at a Sliema bar, where the accused convinced the pensioner to give him money for investment. Baldacchino claimed his father was a financial consultant who could give good returns.

When Nice handed over €54,000, the accused issued counterfeit financial certificates allegedly drawn up by Andrew Debono from Global Capital investments.

After the accused stopped all communication with his victim, the defrauded pensioner found where Baldacchino’s parents lived, but his mother told him that her son had a split-personality and was of ill mental health. He was also informed that Baldacchino’s father was never a financial consultant.

After both the defence and the prosecution declared there were no further witnesses, lawyer Jason Azzopardi started his final submissions. The defence lawyer argued that based on the evidence given by various psychiatrists, Baldacchino was mentally unstable at the time of the offence.

“Both George Debono and Jean Pierre Giorgio said the accused suffered from a bipolar disorder, epilepsy and ADHD. Due to his mental conditions, Baldacchino could not distinguish between good and bad”, the lawyer said.

The trial will continue tomorrow when Mr Justice Michael Mallia will deliver his final address.

Dr Fancios Dalli is leading the prosecution on behalf of the Attorney General. Lawyers Adrian Camilleri, Kris Busietta and Jason Azzopardi are appearing for the accused.