Malaga court to rule if axe attacker of teenage ex-girlfriend was in psychotic episode

The provincial court of Malaga has begun hearing the case against the young man accused of breaking into his former girlfriend's home on 28 March 2023, attacking her with an axe and forcing her to jump from the balcony to escape.

The trial centres not on whether the intrusion and assault took place, but on the defendant's mental state at the time, which will determine whether he faces a prison sentence or a psychiatric hospital order.

The court opened the first session of the trial on Monday. The defendant allegedly forced his way into the home of his ex-partner, who was 17 at the time, despite an active restraining order.

The court does not dispute that the accused entered the property and breached a protection order. The jury must now decide whether he acted with full criminal responsibility.

Prosecutors and the defence agree on the basic facts of the case, including the unlawful entry into the property and the breach of the restraining order issued for a minor offence of coercion. They differ, however, on the defendant's mental capacity during the attack, which will decide the outcome of the trial.

The incident took place on 28 March 2023 in Torremolinos. The accused went to the victim's home despite the restraining order in force. He entered the building, moved through communal areas in socks to avoid making noise, climbed through a window and broke into the flat. Once inside, he picked up a kitchen axe and other utensils while waiting for the victim to return.

The victim arrived home shortly before 2.40pm after returning from school. She did not expect anyone to be inside and locked the door behind her. She went into the kitchen to prepare a sandwich.

She later heard a noise in the hallway and went to investigate. She initially thought her cat had knocked something over and approached the object without real suspicion.

When she bent down to look at it, the defendant, whose face was covered, began attacking her. He struck her on the wrist, back and head with the axe.

In her attempt to escape, the teenager jumped from the balcony. The defendant injured himself after the attack and fled the building, but police arrested him shortly afterwards.

The prosecution and the victim's legal team accept that the defendant entered the home and breached the restraining order. The victim's team, however, say that he planned the attack in advance and understood his actions. They are seeking a 19-year prison sentence and reject claims that he suffered a psychotic episode, pointing to an emergency psychiatric assessment carried out shortly after the incident which did not identify such a condition.

The prosecution acknowledges that the defendant intended to kill the victim but argues that later forensic reports from the institute of legal medicine indicate he suffered from severe obsessive-compulsive disorder. They claim this condition affected his ability to control his actions at the time of the offence.

On that basis, they request his acquittal on grounds of criminal irresponsibility, but they also call for his admission to a secure psychiatric facility, describing him as a "very dangerous" individual.

The defence team support that position and also seek acquittal on mental health grounds. They argue that the defendant's behaviour reflects a severe psychiatric disturbance and says the incident should be reclassified as a lesser offence of bodily harm.

The defence also challenges the initial emergency psychiatric report, describing it as a brief examination of around ten minutes carried out without access to the defendant's medical history.

The court will now hear witness and expert testimony over the coming days. The jury will decide whether the defendant acted with full criminal intent or whether his mental condition at the time removes criminal responsibility and requires psychiatric treatment instead of a prison sentence.

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