Judge orders case to be heard again

An appeals court annulled a judgement and sent the case to be heard again after ruling that the first court should have heard evidence to establish whether the accused was to be found guilty of theft or of handling stolen property.

Mr Justice Joseph Galea Debono heard how Keith Pace had been jailed for two-and-a-half years for stealing the canvas roof of a car in March 2002 but was cleared of handling stolen property.

Mr Justice Galea Debono also heard how Mr Pace had initially admitted to handling stolen property.

During the case he changed lawyer and, in a different court sitting, he admitted to both stealing the roof and handling it.

The judge noted that the first court had not heard evidence to establish whether he was to be found guilty of theft or handling stolen property.

The judge declared the first court's judgement null and sent the case back to the Magistrates' Court to he heard again.

Police Inspector Mario Bonello prosecuted.

Lawyer Franco Debono appeared for Mr Pace.