Three-month jail term changed into Lm500 fine

A man, who had been jailed for three months for not allowing his estranged wife into their matrimonial home, had his punishment reduced to a Lm500 fine on appeal.

The man had been jailed for exercising a presumed right when he changed the lock of the home he shared with his estranged wife in January.

The Magistrates' Court had jailed him for the maximum period of three months after hearing that he did not intend to allow his wife into the house because he feared her boyfriend.

Chief Justice Vincent De Gaetano, hearing the appeal, noted that if Mr Abela was afraid of her boyfriend he could ensure his safety in other ways. Mr Abela could have locked the house from the inside when he was at home and only opened once he checked who was at the door.

The judge noted that the Magistrates' Court was justified in jailing Mr Abela for three months in the circumstances. However, since then, the wife had informed the court she had been given a copy of the house keys. For this reason alone, the judge changed the jail term to a Lm500 fine that is to be converted into 100 days in prison if not paid.