Police 'should not have arraigned' accused

An Ghaxaq man who had been jailed for 18 months for stealing his sister-in-law's jewellery has been cleared on appeal.

Mr Justice David Scicluna, presiding over the Court of Criminal Appeal, acquitted Joseph Attard after hearing how the woman never filed a formal complaint with the police and, therefore, the police should not have arraigned him.

The Magistrates' Court had found Mr Attard guilty of stealing the jewellery from his brother's wife Mary Theresa Attard on November 4, 2003.

But Mr Attard appealed claiming that the police should not have charged him since Mrs Attard did not file a complaint. Mr Justice Scicluna noted that although Mrs Attard had filed a police report, she had not filed the formal complaint (kwerela).

The law stated that "...no criminal proceedings may be instituted except on the complaint of the injured party for offences committed against the property of any descendant or relative by affinity (...) unless such offences be accompanied with homicide, bodily harm or confinement of the person or with a threat to kill or to inflict bodily harm".

Besides, the judge noted, during the appeal proceedings Mrs Attard had forgiven her brother-in-law and therefore the case against him could be declared extinct.

Lawyers Franco Debono and Charmaine Cherrett appeared for Mr Attard.