Appeal dismissed

An appeal court has dismissed a man's appeal as null and void on the grounds that he had not requested the Magistrates' Court to stay the execution of the punishment but had only declared his intention to appeal.

Emanuel Sammut, 33, of Birkirkara was originally fined Lm30 by the Magistrates' Court for exercising a presumed right by not allowing his wife into their house.

Mr Justice Joseph Galea Debono noted that a day after the judgment was handed down Sammut filed an application before the Magistrates' Court in which he expressed his intention to appeal the judgment but did not request the court to stay the execution of the fine.

The Magistrates' Court upheld the application and the case went to appeal.

But Mr Justice Galea Debono noted that the Magistrates' Court could have never upheld the request since the request was "non-existent".

For this reason the judge abstained from taking further cognisance of the appeal and declared it null and void.