Psychiatrists find Noel Azzopardi could not develop criminal intent; Attorney General could challenge findings

A court-appointed panel of psychiatrists concluded that Noel Azzopardi, the man accused of shooting Eric Borg in Rabat on New Year’s Day, was incapable of developing the criminal intent required to be found guilty due to severe mental illness and intellectual disability.

The panel was tasked with examining the accused after it emerged at a previous meeting that Azzopardi, who is accused of shooting Eric Borg in Triq Fidloqqom in the Nigret district of Rabat on 1 January 2024, had spent three months in a psychiatric clinic in 2012, where he was treated for aggressive behaviour and outbursts of anger.

The report was handed over as evidence against Azzopardi resumed before Judge Marseanne Farrugia on Thursday.

In its conclusions, the panel stated that Azzopardi suffered from paranoia which significantly affected his life and was not caused by drug use. “Azzopardi suffers from severe mental illness and intellectual difficulties… It appears that Noel Azzopardi is not fit to stand trial…[he is presently] still suffers from symptoms of delusional disorder and mental disability. Our investigation shows that Mr Azzopardi was in a state of mental illness at about the time of the alleged crime and therefore had neither the capacity to understand nor desire the consequences of his actions (The intended capacity and the volere capacity.)

In May, the court itself entered a plea of ​​insanity, using its powers under the Mental Health Act, after a psychiatrist informed it that Azzopardi was no longer seeking psychiatric treatment. The inquest was then adjourned and a panel of experts appointed to assess whether the defendant was both fit to stand trial and insane at the time of the offence.

However, despite the experts’ findings, it is not yet clear whether this will lead to Azzopardi’s acquittal or not, since the Attorney General has one month by law to contest the finding of insanity. In this case, this point will be decided in an insanity trial known as GurinIf this happens, and the defendant is found to be sane at the time of the crime in the potential insanity hearing, he will be charged with murder, which carries a life sentence. But even if he is found insane, Azzopardi will likely be committed to a psychiatric hospital for the rest of his life.

After retiring for some time in chambers to consider the defense’s request to refer the case to the criminal court, the court ordered that the files be sent to the Attorney General, who must comment within one month.
The defendant is being held at Mount Carmel Hospital.