Man accused of defrauding pensioner

A trial by jury was today convened to rule if Jonathan Baldacchino, 29, of Sliema, had the mental ability to differentiate between right and wrong when he allegedly defrauded British pensioner Paul Nice of all his life savings.

Baldacchino stands charged with defrauding Nice of about €100,000, forging documentations and signatures and making use of these same forgeries.

The case dates back to September 2012. However, the accused argued that he suffers from a bi-polar disorder and at the time of the offence he was not in a stable mental state and had no criminal intent.

In his opening address, Mr Justice Michael Mallia told jurors that as a general rule, criminal liability does not apply to a person who acted with the absence of mental fault.

Police investigator Rennie Stivala, the officer who had investigated the case, took the witness stand and explained how the accused currently lives at his Sliema residence, with his Ukrainian wife.

About four years ago, Paul Nice met Baldacchino, who presented himself as the owner of a computer company at TimesSquare, Sliema. The accused told Nice that his father was a financial consultant who could give him a good return if he invested with him. At first, investments in oil and gold did not entice Nice, however after Baldacchino insisted, Nice made a first payment of €54,000, and other payments were made after.

The witness said that he was given financial certificate allegedly drawn up by Andrew Debono from Global Capital investments. However these were counterfeit.

“The accused was no company owner. He worked in a kebab shop. The owner of the shop rented an apartment owned by Global Capital. Debono collected the rent and issued the receipts, which Baldacchino used to forge investment certificates."

However, Nice soon started demanding his investment returns, at which point the accused stopped all communication with him. The defrauded pensioner managed to find where Baldacchino’s parents live, but his mother told him that he had a split-personality and was of ill mental health. “She also told him that her husband was never a financial consultant”, the witness said.

Court-appointed psychiatrists George Debono and Jean Pierre Giorgio were next to testify. Baldacchino is currently under psychiatric care. Their report confirmed that Baldacchino suffered from bipolar disorder. Patients suffering from mania have instances of brilliant genius and during such instances they are able to fool even the most vigilant.

Manic people tend to overspend or buy things which they cannot afford, one of the psychiatrists said. The two medical experts told jurors that it was very improbable that the accused was simply acting to be mentally ill, but he strongly believed that he would make money for himself and the British national.

“He has constant mood swings and even when happy he gets hallucinations and becomes psychotic. Observing his mental medical history, it results that at the time of the offense, the accused was in a state of mania and felt he could do anything.

"He saw people dressed in black Mafia style clothes, and claimed they would communicate with him using coded signs, yet never spoke to him. He claimed he defrauded the Briton in an attempt to get rid of the men who constantly followed him”, the psychiatrists explained.

Psychiatrist Mark Xuereb, who also treated Baldacchino, said that due to the mental state of his client, their session never lasted more than 30 minutes. “He was married but his wife left him. He suffered from epileptic fits which forced him to quit working and live on a disability pension. Considering the crime, he must have worked to earn the trust of his victim and once he had that, he moved for the kill”, the witness said.

Judge Mallia asked if the accused had been coherent during questioning. The psychiatrist said that his client had told him that he had mental problems and only recollected particular instances which seemed convenient for his case.

Dr Francois Dalli from the Attorney General's Office is leading the prosecution, while lawyers Adrian Camilleri, Kris Busietta and Jason Azzopardi are appearing for the accused.

The jurors broke for lunch and will continue hearing evidence this afternoon.