The commencement of evidence compilation against Fabian Eliuth Garcia Parada, accused of murdering his ex-girlfriend in Sliema, Malta, has been postponed as the defence contests the new femicide law introduced in 2022.
The law categorises the crime as an aggravated form of homicide, subjecting perpetrators to more severe penalties.
Garcia Parada denies the femicide charge in connection with the death of Sandra Ramirez, who was found with stab wounds in January.
His defense argues that the law is discriminatory and violates fundamental rights. The defense contends that denying the accused the ‘crime of passion’ defense in femicide cases is discriminatory, creating a disadvantage for those accused.
This legal challenge mirrors another case where Roderick Cassar is also contesting the femicide law regarding the death of his estranged wife, Bernice.
The femicide law broadens the scope by considering homicides as femicides if resulting from domestic violence, honor killings, misogynistic intentions, religious practices, or sexual abuse. The defense seeks a constitutional court referral to address the perceived human rights issue.
The court has deferred the case until February 6 to allow the prosecution to respond to this unexpected request.
#MaltaDaily