Malta
ergastolo confermato: joseph abina e l’omicidio che non lascia dubbi
Abina being escorted to court in 2022 and his victim, Rita Ellul (inset). Photo: Matthew Xuereb
A man who strangled his partner to death has had a life sentence confirmed, with a court of appeal saying his objections were “completely unfounded”.
Joseph Abina was jailed for life last March for having murdered Rita Ellul while she slept in bed in February 2022.
Ellul had previously reported him to the police on domestic violence grounds on two separate occasions.
Abina pleaded not guilty to murdering her, but a court heard that he confessed to the crime on three different occasions to different people, including police officers who interrogated him.
He told interrogators that he had felt guilty about strangling her but decided not to stop because he was worried she would then report him to the police.
Abina was convicted and given a life sentence.
However, he subsequently appealed that conviction, arguing that there was reasonable doubt about his guilt, as his own statements to the police conflicted with evidence given by the medico-legal expert.
Abina told police he strangled Ellul with both hands, but a forensic doctor testified that the marks on the victim’s neck indicated that she had been strangled with one hand.
That line of defence was dismissed outright by the court of appeal, which said it was “perplexed” by it.
Abina did not contest the fact that he was the person who strangled Ellul, did not deny the positive intent needed to commit the crime and the cause of death established by pathologists tallied with Abina’s version of events.
The court, presided by Chief Justice Mark Chetcuti and Judges Edwina Grima and Giovanni Grixti, concluded that the ground of appeal was “completely unfounded”, rejected it and confirmed the original court’s sentence in its entirety.
Abina was represented by legal aid lawyer Simon Micallef Stafrace. Lawyers Franco Debono and Marion Camilleri appeared on behalf of the victim’s heirs.