THE jury has heard all the evidence in the trial of Guiseppe Vittorio Zerega, accused of manslaughter in relation to the death of Fabio Menegon.
The accusations, including two charges of attempted murder, relate to events at an address in Eldon Place, Westbourne, on June 19 last year.
And the jury will hear the prosecution and defence’s closing speeches next week, before retiring to deliberate on whether Zerega, 31, is guilty of the charges.
Judge Justice Mrs Jennifer Eady DBE told jurors: “The defendant relies on the defence of insanity.
“In this case the killing is admitted. If, on the balance of probabilities, you are not satisfied that, at the time Mr Menegon was killed, the defendant was legally insane you will find him guilty.”
For the two charges of attempted murder, Judge Eady DBE said there was no dispute Zerega was acting deliberately and unlawfully.
“What matters is what was the defendant’s intention at the time of the offence?” she said.
“At the time of the incident the defendant was suffering from significant mental illness, we have heard evidence on how that illness would have affected his ability to think clearly.”
Judge Eady DBE added that the prosecution say the jury can be sure of Zerega’s intentions from the “hitting, punching, biting, from was he was saying at the time ‘I want to kill all of you’,” as heard in evidence.
She said if they were sure they will find the defendant guilty, unless, on the balance of probabilities, he was insane.
Judge Eady DBE continued: “Everyone is presumed to be sane and to possess a degree of reason unless the contrary is proven.
“The law recognises, however, that a person may be so seriously mentally unwell that they should not be held legally responsible for what they did.
“This is known as insanity. The defence say the defendant was insane at the time of the attacks.
“It is in the case that the defence invites you to return a special verdict of not guilty by reason of insanity.
“At the time he was suffering from a disease of the mind which caused him to experience a defect of reason and did not know the nature of his acts, or if he did know, he did not know that what he was doing was wrong.”
The court heard how psychiatrists agreed Zerega was suffering from paranoia schizophrenia and he had a defect in reasoning, however there was a dispute over whether Zerega knew what he was doing was “legally wrong”.
Judge Eady DBE said: “The prosecution say it is likely the defendant did the killing in response to his beliefs that the victim was in the Mafia.”
Zerega, who was living in Old Christchurch Road, Bournemouth, at the time, denies all charges. The trial continues.
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