Inmates benefit from double jeopardy principle

Two prison inmates, an Algerian and a Libyan, have been cleared of injuring another inmate after a magistrate heard how disciplinary proceedings had already been taken against them over the same incident.

Algerian Mohammed Tensi and Libyan Ali Mustafa Kabes, who are serving time for their involvement in hold-ups, had appeared in court charged with injuring an inmate in prison on July 5, 2004.

The two men filed an application, before Magistrate Saviour Demicoli, asking that they be cleared of the charges because the prison's disciplinary board had already penalised them for their actions. In fact, 356 days had been deducted from their remission.

After quoting case law, the magistrate cleared them of the criminal charges against them since they had already been punished.

Police Inspector Malcom Spiteri prosecuted.