The Criminal Court of Appeal, presided by Mr Justice Vincent Degaetano, yesterday revoked a sentence handed down by the magistrates' court against Godfrey Ciangura, who had been found guilty of being an accomplice in helping two Tunisians escape from Malta.

The magistrates' court had fined the man Lm25 and had also confiscated the speedboat used in the crime.

Both Ciangura and the Attorney General had appealed from the sentence. Ciangura argued he should not have been found guilty while the Attorney General argued the sentence was too lenient.

The court noted that Ciangura was charged with attempting to commit a crime and with being an accomplice in trying to ferry two Tunisians out of Malta illegally.

Ciangura had been approached by Ganni Vella, who knew of two Tunisians who wanted to leave for Sicily in a clandestine manner.

Ciangura and Vella agreed that the Tunisians were to be taken to Armier by Vella, and Ciangura was to take them to Sicily in his speedboat.

Ciangura was going to be paid for the job.

Originally, the Tunisians had to be taken to Armier at 10.30 p.m. but at Ciangura's request, this was shifted to 11.30 p.m.

On the way to Cirkewwa, Vella, who apart from the two Tunisians, was accompanied by his wife, met Ciangura towing the speedboat.

The two followed each other to Armier, where they were stopped by the police.

"There is no doubt that the facts of the case fit exactly within the parameters of the law as it has been amended earlier this year. But in January last year, the law did not cover for such an eventuality, and the prosecution had to charge them with attempting to ferry immigrants and complicity," the court noted.

The court noted that in his appeal, Ciangura held that it could not be argued that a crime was being committed when the police stopped them, as they were still in the preparatory stages.

That law, the court said, spoke of embarkation, and when Ciangura was stopped he was still towing the speedboat.

The court also noted that Ciangura was still on a public road and could have changed his mind and returned home without attempting to leave Malta without a passport or ferrying anyone.

The court decided that the accused had not started committing the crime and upheld the appeal.

Hence there was no reason to consider the Attorney General's appeal, the court said.

Dr Michael Schriha and Dr Ian Farrugia appeared for Ciangura.

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