Brothers acquitted after father`s pardon

Two Fgura brothers were yesterday conditionally discharged for three months for breaching the peace but cleared of committing offences against their father who pardoned them and refused to testify against them.

Kevin Vella, 22, and his brother Wayne, 21, were cleared of stealing a mobile phone belonging to their father, Eugenio, causing less than Lm500 in damage to his Toyota car and slightly injuring him in Fgura on February 27, 2000.

Magistrate Consuelo Scerri Herrera noted that, according to article 311 of the Criminal Code, except where specified "no criminal action shall lie for offences committed against the property of any descendant or relative by affinity in the descending line... unless such offences be accompanied with homicide, bodily harm or confinement of the person".

The magistrate noted that once the boys` father did not want to testify against them it could not be proven that they had injured him and, therefore, on application of article 311, the crimes of theft and voluntary damage did not constitute a criminal action.

The magistrate also noted that, in a statement released to police, the boys had admitted breaching the peace and therefore were guilty of the charge.

On handing down judgement, she took the boys` young age into consideration. She noted that the incident was family-related and that society had not suffered any damage.

Police Inspector Abraham Zammit prosecuted.