Judge overturns jail term given to policeman

A policeman who had been jailed for two years had his sentence overturned after the appeals court determined that the laws were not properly applied when sentenced.

Giovanni Micallef had admitted to misappropriating more than €3,495 from a woman and was jailed for two years in 2007.

He had taken the money from the victim to investigate the burning down of her farm and was supposed to pass the cash on to another person. But he did not.

In his appeal, however, Mr Micallef said he had regretted his actions and felt that this was not reflected in the judgment, pointing out that while his case was deemed to be serious by the Magistrates' Court, criminals had committed graver offences but were given suspended sentences.

He said he had to look after his daughter and that if he were to be imprisoned he would have no home to go to on being released.

Mr Justice David Scicluna said the family problems of the accused had no bearing on the appeal. Many people facing financial problems had not resorted to crime.

He said the first court was right to consider the severity of the case because the crime was committed by a policeman. However, he added that the Magistrates' Court had not taken into consideration the fact that the law dealing with such types of crimes had changed in 2002 and Mr Micallef had to be punished under the law that was applicable at the time.

Mr Micallef's jail term was therefore changed from two years imprisonment to nine months suspended for four years.