Jailed lawyer may be disbarred

A lawyer who on Wednesday was jailed for two years for forging a contract may be disbarred from the legal profession, according to legal sources.

Patrick Spiteri was jailed for forging a contract to show he no longer owed money on the purchase of land and a notary's signature on the contract to make it look authentic.

He was also found guilty of trying to obtain money or property by false pretences.

Dr Spiteri has eight days to appeal. In default the judgment will be final and he will be automatically disbarred.

The sources said article 84 of the Code of Organisation and Civil Procedure laid down that a conviction by any competent tribunal for any crime liable to imprisonment for a term exceeding one year, other than involuntary homicide or other crime against the person excusable in terms of the Criminal Code, shall be a cause of perpetual disability to practise the profession of advocate.

"He will be automatically disqualified because he was imprisoned for more than a year," the sources said.

"For instance, a six-month jail term would not have disqualified Dr Spiteri and the issue would have to be brought before the Commission for the Administration of Justice.

"However, if the sentence handed down last Wednesday continues to stand, then the case is quite clear. Obviously one has to see whether Dr Spiteri will appeal and what the outcome will be."

The sources said that if Dr Spiteri did not appeal he would lose his legal warrant with immediate effect.

The law also stipulates that a lawyer may be disbarred or suspended on the recommendation of the Commission for the Administration of Justice.

Magistrate Joseph Cassar heard how Dr Spiteri, 38, of Wardija, had planned to sell part of a parcel of land he had originally bought from Carmel Muscat and his siblings to Emanuel Muscat and his wife for Lm16,000.

A copy of the contract of the Lm100,000 sale between Carmel Muscat and Dr Spiteri published by Notary John Debono was forged by Dr Spiteri and left at the office of Notary Ian Spiteri.

Notary Spiteri, who was carrying out research before the contract of the Lm16,000 sale between Dr Spiteri and Emanuel Muscat, noted a discrepancy and called Notary Debono who eventually notified the authorities.