Republic of Malta vs Aljasem — Fatal Stabbing Ends in Full Acquittal

Syrian man accused of fatally stabbing a compatriot in Marsalforn, Gozo was acquitted on all four counts by a jury voting 8-1 on the murder charge.

Criminal Court · Honourable Judge Dr. Neville Camilleri B.A., M.A. (Fin. Serv.), LL.D., Dip. Trib. Eccles. Melit. · 30 April 2026

On the morning of 7 May 2022, a fight broke out along the Marsalforn seafront in Gozo between two Syrian men living on the island. Maher Aljasem allegedly struck Fawaz Njem repeatedly with a metal levelling rod used in construction work, causing injuries certified by Dr. Anselm Psaila of the Rabat Gozo Health Centre. That same evening, between 8pm and 10pm, a second and far more serious altercation erupted near Aljasem's residence — a property called 'Marija' in Triq il-Wied, Marsalforn. Inside an adjoining garage that was still under construction, Fawaz Njem was allegedly stabbed with a knife or sharp instrument in a vital part of his body. He was pronounced dead on arrival at hospital. Medical expert Dr. Mario Scerri confirmed the fatal wound was a stab wound — not a slash wound — that penetrated the chest cavity, reached vital organs and struck the heart. A second man, Kazem Abdalaa, also sustained light slash wounds in the same incident. The knife was never recovered. Aljasem faced four charges: voluntary homicide (Count 1), voluntary bodily harm against Kazem Abdalaa (Count 2), possession of a knife or cutting instrument without a Police Commissioner's licence (Count 3), and wilful breach of public order (Count 4). The prosecution, brought by the Attorney General on behalf of the Republic of Malta, sought life imprisonment on the murder charge. Pre-trial proceedings included a ruling by the Criminal Court on an Objections Note in June 2024 and a subsequent appeal decided by the Superior Criminal Court of Appeal in March 2025. After a full jury trial, the jury returned not-guilty verdicts on all four counts on 30 April 2026. The murder acquittal was by 8 votes to 1; all remaining counts were decided unanimously in the defendant's favour. Applying Article 487 of the Criminal Code (Chapter 9), the presiding judge formally declared Aljasem not guilty on every charge and ordered his immediate release from custody, provided he was not held for any other reason.

Maher Aljasem acquitted on all four counts: Count 1 (voluntary homicide of Fawaz Njem) — not guilty, 8 votes to 1; Count 2 (voluntary bodily harm against Kazem Abdalaa) — not guilty, unanimous; Count 3 (possession of knife/cutting instrument without Police Commissioner's licence) — not guilty, unanimous; Count 4 (wilful breach of public order) — not guilty, unanimous. Immediate release ordered under Article 487, Criminal Code, Chapter 9.

• In Malta, serious criminal charges such as voluntary homicide are tried before a jury in the Criminal Court; the jury's verdict is binding and the judge formally declares the outcome under Article 487 of the Criminal Code.
• A jury acquittal in Malta requires only a majority, not unanimity, for the most serious charges — the murder count here was decided 8-1, illustrating that a single dissenting juror does not prevent acquittal.
• The failure to recover the murder weapon (the knife was never found) can be a significant evidential gap in a homicide prosecution, as it limits the prosecution's ability to link the accused directly to the fatal instrument.
• Maltese law distinguishes between 'stab wounds' (penetrating) and 'slash wounds' (cutting) for the purposes of establishing intent: a stab wound to a vital organ supports the charge of voluntary homicide with intent to kill or endanger life, whereas slash wounds are more consistent with lesser offences of voluntary bodily harm.
• Carrying a knife or cutting instrument outside premises without a licence from the Commissioner of Police is a distinct offence under Malta's Arms Act, Chapter 480, separate from and additional to any assault or homicide charges arising from its use.

Criminal Code, Chapter 9 — Articles 9, 17, 23, 31, 211(1), 211(2), 214, 215, 217, 221, 338(dd), 487, 533 (voluntary homicide, voluntary bodily harm, public order); Arms Act, Chapter 480 — Articles 6, 51(7), 56 (unlicensed possession of knife)

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