Jury throws out Michael Emmanuel's insanity plea

The jury hearing the case of Michael Emmanuel has thrown out his plea of insanity after a very short deliberation. The jury returned an 8-1 verdict, after retiring to deliberate this afternoon, the presiding judge having summed up the case to them this morning.

He was unanimously declared sane on the other seven counts brought against him, including the grievous bodily harm of Maria Lourdes' elderly mother, disobeying the police and forging his identity papers.

The compilation of evidence against the Ivorian may now continue and, once completed, a date will be appointed for the man’s trial proper to begin.

Emmanuel is accused of the murder of his partner Maria Lourdes Agius. Agius was found, strangled, in her apartment in Paola in September 2018.

Left to right: The prosecution team lawyer Matthew Xuereb, Inspector James Grech and lawyer Charles Mercieca

The defence had insisted that the accused was in a state of legal insanity at the moment he strangled the mother of seven.

In her address, madam justice Consuelo Scerri Herrera stressed that not every mental illness would lead to a state of insanity as defined at law, giving jurors the legal definition whilst guiding them as to how to evaluate the evidence they had heard and seen.

The judge explained that the defence must prove that when the accused carried out the crimes with which he is accused, he was unable to will the outcome of his actions.

She noted that the accused refused legal assistance and had missed his first court date as he was being held at a mental hospital. The court also pointed out the distinction between ordinary witnesses and expert witnesses appointed by the court. Whilst saying that not every mental condition determined if a person was in a state of insanity, she also added that the jurors need not arrive at the same conclusion as the experts.

Lawyers Charles Mercieca and Matthew Xuereb from the Office of the Attorney General prosecuted. Emmanuel was defended by legal aid lawyers Marc Sant and Dustin Camilleri.

Madam Justice Consuelo Scerri Herrera presided.