Maria Lourdes Agius murder: jury to decide on Michael Emanuel’s insanity plea

A jury is to decide whether Michael Emanuel was insane when he killed the mother of his children, Maria Lourdes Agius

Maria Lourdes Agius's murder had sparked a national outcry that culminated in a protest march against femicide
Maria Lourdes Agius's murder had sparked a national outcry that culminated in a protest march against femicide

Updated at 8pm with details from the trial's afternoon hearing

A jury is to decide whether Michael Emanuel was insane when he killed the mother of his children, Maria Lourdes Agius.

The jury was empanelled this morning before madam justice Consuelo Scerri Herrera. The Ivorian stood in the dock, arms crossed as his legal aid lawyers, Marc Sant and Dustin Camilleri told the court that their client wished to plead insanity.

Michael Emanuel stands charged with the brutal murder of the mother of six in September 2018. Agius died by strangulation. 

One of the prosecutors from the Attorney General’s Office, lawyer Charles Mercieca, explained to the men and women of the jury what they were there to decide upon. “Michael Emanuel is alleging insanity so he needs to prove that he was indeed insane. The law tells us to presume that he is sane and he who alleges needs to prove.”

It was not enough for the man to simply claim to be insane or to bring a medical certificate proving that he was insane after the fact, said the prosecutor. “Agius did not bear children with a madman, she was not in a relationship with a madman and she did not live with a madman. He knew the consequences of his actions, he knew what was right and wrong. The prosecution will show that it was not even probable that he was insane.”

Agius, 35, was found strangled to death in her bedroom by her mother on 15 September 2018. Her murder, the fourth involving a woman that year, had prompted women's rights activists to hold a protest against femicide.

“On that fateful night he took a decision,” said the prosecutor. “He spent time after the murder to mull things over,” he said. “He waited until 7am the next day to go and report the woman’s death to the police.”

Emanuel had said that he had pressed a crucifix against Maria Lourdes Agius’ neck and had strangled her with it. “We will see if this matches what the doctors found,” said the prosecutor. “Is it probable? He hoped that he might actually get away with murder.”

He told the jurors that Emanuel had falsified documents in his possession, before explaining the meaning of legal insanity and the distinction between it and medical insanity. “One can be medically insane and not legally insane and vice versa…what we are looking for is the capacity to will and understand the consequences of the actions. We are not looking for a diagnosis.”

He also needs to prove that he was insane on the night of the murder and not before or after, said the lawyer.

The loss of capacity of understanding right and wrong, “the absolute alienation of reason”, is the legal requirement for insanity, he said as he hammered home the concept. “How can we trust that man, when on the night of the murder, he begged Lourdes Agius to come to bed, he had sex with her and then killed her? Is he insane or just a liar?”

The trial continues in the afternoon when the mother of the victim is due to testify.

Lawyer Matthew Xuereb from the Attorney General's office also prosecuted.

On Friday it’s you in an ambulance, on Saturday it’s me in a hearse - Maria Lourdes Agius

As the jury trial continued this afternoon, Mary Agius, Maria Lourdes Agius’ mother, recounted various instances of of upheaval and violences in the relationship between her late daughter and Emmanuel.

The mother recalled the words said by Maria Lourdes to her partner after the last domestic violence incidence before the alleged murder: “On Friday it’s you in an ambulance, on Saturday it’s me in a hearse.”

As she took the stand to give her testimony, visibly agitated, Mary Agius told the court that if Emmanuel was unhappy with her daughter, he should have taken his children and moved out of the family home.

“Your children are your flesh and blood, my daughter is my own flesh and blood,” Agius said, tears coming to her eyes, “I forgive you, but…”

Agius said that the couple had first live in a Qawra apartment before moving to a flat in Paola, where the alleged murder happened.

Explaining that her daughter had given birth to seven children by five different men, she told the court that Maria Lourdes had suffered a lot, and had always been in search of a father figure.

Emmanuel, she said, had been a good father, helping to take care of the children, holding down a job as a plasterer, and keen on buying the apartment, in which he was also carrying out works.

The relationship between the couple had encountered problems, however, Agius said, especially in the last year before the alleged murder, with violent argument becoming a common occurrence.

One reason behind the fights was that a former partner of Maria Lourdes would sometimes visit his child at the apartment. Agius said she would advise her daughter not to allow other men into the flat, since she feared they might fight with Emmanuel.

Emmanuel would also become angry if her daughter would spend money on herself, such as visiting the hairdresser, since he wanted any funds to be used for the children and for home, she said.

She told the court that, during the penultimate incident, she had stepped in, and the accused had thrown a chair at Maria Lourdes’ back.

A police report had been filed, and both mother and daughter had been advised to call for help should Emmanuel return to the flat.

The man did return, kicking down the common entrance and demanding to see his son. While Mary Agius has warner her daughter not to open the door, Maria Lourdes had thrown down the keys, letting Emmanuel in.

The next time the mother saw her daughter’s partner was the next morning, on 15 September. She had asked where him where her daughter was, to which he replied that she had gone shopping.

Mary Agius went to the main bedroom, seeing her daughter still lying under the bedsheets. She touched her thigh, immediately realising that she was dead.

Agius then returned to her room to call the police, after which a report was filed. She said that was the last time she had spoken to Emmanuel.

The trial continues tomorrow.