Friday, 10th July 2009 - 17:17CET

Application of suspended jail terms questioned

The Chief Justice said this morning he could not understand how a young man had been given five suspended jail terms by the Magistrates’ Court.

In his judgement on an appeal by Roderick Barun, 23, who had been jailed for three years on February 26 for living off the earnings of prostitution, Chief Justice Vincent De Gaetano decreased the punishment to two years but said its was not excessive as he has already broken the law several times and had, therefore, relapsed.

The Chief Justice said that “when the court sees that he had already been convicted seven times (for various crimes not connected to prostitution) and was given five suspended jail terms and a conditional discharge, he could not understand how liberally he was treated”.

He said “that one would have to ask if the courts are applying this form of punishment correctly or if the prosecution are going before the courts armed with the necessary information about the accused, so that the Magistrates’ Court can be certain that no abuse, even if not intentional, occurs”.

Previous article • Court finds violation of right to fair hearing but reduces moral damages
Next article • Fourteen cured of A (H1N1)

Article © Allied Newspapers Ltd., printed on Sunday, November 22, 2009. This article is for personal use only, and should not be distributed.

Comments

Martin Spiteri (on 12/7/09)

What I find pathetic is this, Why shouldnt this Man live of prostitution? It is his right to do it if he wills it. I feel that this country which prides in its high level of hypocrecy , should be realistic enough to allow prostitution on a legal basis. Prostitution has been the earliest profession even to be mentioned in the Bible. I do not like the profession myself , but why are we so prudish not to let people who want it , enjoy it legally and clean . All European countries have it , why shouldnt we? I do not want to hear moanings from scrupulous church gossipers. If people want prostitution let them have it, with certain health and security controls. I am sure the law courts would have better things to do then wasting our valuable time judging sexual acts like these. Shame on our sick mentality!

TRW O'Neill (on 12/7/09)

There should be rights of appeal for the prosecution , when "bleeding hearts" judges give soft punishments to criminals, also previous crimes by offenders should be taken into account, belieive me the guy getting a soft punishment laughs at the law, plus it sends a message to others to do the same, as there is the likelyhood of getting away with it also. QED

Chris Farrugia (on 11/7/09)

well pointed out...
Most of us are ready to point their finger at the a magistrate when a suspended sentence is given... but we never question if the prosecution has done a good job in exploring and presenting the case and highling aggrevating factors.

Emanuel Farrugia (on 10/7/09)

The action of the Hon. Chief Justice Vincent De Gaetano is very commendable. The decent citizen wonders how things like this happen. No wonder decent citizens are made to
lose faith in the law Courts.
Is it possible for the Commission for the Administration of Justice to investigate this incident and see that in future there is no room left for misinterpretation and if there is room for any amendment to the law ?.

Noel Enriquez (on 10/7/09)

Hon. Justice Vincent De Gaetano is really pillar of justice left in our law courts! Well done indeed and hope he keeps it up!