Magistrates' Court asked to hear theft case again

The Court of Criminal Appeal has annulled a judgment handed down by the Magistrates' Court because a woman, charged with stealing a motorcycle, had not been asked if she had any objections to her case being tried summarily, that is, by a magistrate.

Alberta Amato, 21, of Gzira had been jailed for 18 months for stealing a motorcycle during the operative time of a suspended jail term.

She was also fined Lm1,500 and banned from driving for a year after she pleaded guilty to stealing the motorcycle, driving it without a licence and driving recklessly on June 5, 2006.

Ms Amato then filed an appeal arguing that there had been a procedural nullity.

According to law, when it comes to criminal offences, the Magistrates' Court is competent to try crimes that are liable to imprisonment for a term not exceeding six months. However, if the crime in question leads to imprisonment of over six months (as in the case of Ms Amato) the Attorney General may give his consent and allow the Magistrates' Court to decide the case so long as the crime is punishable by imprisonment that does not exceed 10 years. The law also states that for this to take place there has to be the consent of the accused.

Mr Justice Joseph Galea Debono, sitting in the appeal court, heard how the defence and the prosecution agreed that Ms Amato had not given her consent because she was not present in court the day the Attorney General's consent was presented. This rendered all the proceeding that followed null. The judge sent the case back to the Magistrates' Court.

Lawyer Roberto Montalto represented Ms Amato.