Court rejects all three preliminary objections by the accused, including challenges to criminal intent evidence and admissibility of accomplice testimony, allowing the murder trial to proceed.
Criminal Court of Malta · Honourable Judge Dr. Consuelo Scerri Herrera LL.D. Ph.D. · 7 May 2026
On the evening of 25 August 2023, police were alerted to a person locked inside Carabott Jewellers in Żurrieq. They found the 67-year-old owner, Joseph Carabott, bound, unconscious, and gravely injured on the floor. A security gate prevented family members from reaching him, and a window had to be smashed to gain access. The shop showed signs of serious violence — blood, destruction, and disorder — and a quantity of jewellery worth tens of thousands of euros had been stolen. Investigations revealed that shortly before 7 p.m., three individuals — including the accused Zouhair Hadoumi — entered the shop and shut the shutter. Over approximately 25 minutes, when the shop owner resisted, the attackers bound him, beat him repeatedly about the head and face, used a knife, and even jumped on him while he lay on the ground. Joseph Carabott was left for dead with catastrophic brain injuries. Medical expert Dr Mario Scerri confirmed severe head injuries caused by violent blunt trauma, leaving permanent damage. Carabott never recovered consciousness and entered a persistent vegetative state, unable to speak, move, or recognise his family. Joseph Carabott died on 4 April 2025 — nearly two years after the attack — from pneumonia, which court-appointed forensic experts and pathologists testified was a direct complication of the severe brain injuries sustained on the night of the assault. The Attorney General charged Hadoumi with voluntary homicide (Count 1), alternatively attempted voluntary homicide (Count 2), grievous bodily harm (Count 3), unlawful arrest and sequestration (Count 4), aggravated theft (Count 5), voluntary damage to property (Count 6), carrying a weapon during an offence (Count 7), and disobedience of lawful authority (Count 8, arising from his attempt to flee across rooftops during a police raid on 27 August 2023). Before trial, Hadoumi filed three preliminary objections. The first challenged the nullity of the murder charge, arguing there was no prima facie evidence of criminal intent (mens rea), pointing to his own statement that he only tied the victim's legs and did not inflict the fatal blows. The second sought to exclude the testimony of accomplice Mohamed Anas Boualam, arguing it was tainted by a plea bargain and violated fair trial rights. The third alleged a breach of equality of arms because a prior court had already accepted Boualam's version identifying Hadoumi as the main aggressor in separate proceedings where Hadoumi had no opportunity to cross-examine. The court rejected all three objections. On the first, it held that criminal intent is a matter of fact for the jury to assess, not for the court to pre-determine at this stage. On the second, it applied the test of relevance — absent an exclusionary rule, Boualam's evidence is admissible — and noted Hadoumi had in fact been given the opportunity to cross-examine Boualam before the Magistrates' Court but did not do so. On the third, the court reiterated it lacks jurisdiction over constitutional complaints, directing any such claims to the Constitutional Courts. The case was adjourned sine die pending any appeal.
All three preliminary objections by Zouhair Hadoumi were dismissed. The court rejected: (1) the nullity of the murder charge for lack of mens rea evidence — held to be a matter for the jury; (2) the inadmissibility of accomplice Boualam's testimony — held admissible under the relevance test, with no exclusionary rule applicable; (3) the fair trial/equality of arms objection — held outside the Criminal Court's constitutional jurisdiction. The case was adjourned sine die pending a possible appeal. Sentencing not yet determined; the Attorney General seeks life imprisonment on Count 1 and Count 5 (aggravated theft), 8–40 years on Count 2, 6–20 years on Count 3, 4–6 years on Count 4, 8–14 months on Count 6, up to 4 years on Count 7, and a fine/detention on Count 8.
Criminal Code Ch. 9 — voluntary homicide (Art. 211), attempted voluntary homicide (Art. 41), grievous bodily harm (Arts. 202, 214, 215, 218), unlawful arrest/sequestration (Arts. 86, 87), aggravated theft (Arts. 261, 262, 267, 272–280), voluntary damage (Art. 325), disobedience of lawful authority (Art. 338(ee)); Arms Act Ch. 480 — carrying weapon during offence (Arts. 55, 56)