Waylon Johnston
Chief Justice queries application of suspended sentences
'Magistrates' Court should be certain that no abuse occurs'
The Chief Justice yesterday wondered whether the courts were applying the suspended sentence rule correctly and whether the prosecution furnished magistrates with all the necessary information on the police record of an accused. His comments came as he decided an appeal filed by 23-year-old Roderick Barun who had been jailed for three years for living off the earnings of prostitution.
Chief Justice Vincent DeGaetano noted that the accused had already been convicted seven times (for various crimes not connected with prostitution) and been given no fewer than five suspended jail terms and a conditional discharge. This liberal approach by the courts, he said, was totally incomprehensible to him.
"One would have to ask whether the courts are applying this form of punishment correctly or whether the prosecution appears in court equipped with the necessary information about the accused so that the Magistrates' Court can be certain that no abuse of this form of sentence, even if unintentional, occurs," the Chief Justice commented.
Mr Barun was jailed for three years on February 26 for living off the earnings of prostitution in June last year.
He was, however, cleared of defiling two underage girls, participating in sexual acts with them, conspiring to commit a crime and running a brothel.
In his appeal, Mr Barun asked the Criminal Court of Appeal to review the judgment as his was not a "continuous" crime as prescribed by law, his guilt was not sufficiently proven and the punishment was excessive.
The Chief Justice said that in this case the crime was not committed over a period of time and so Mr Barun could not be found guilty of committing a "continuous" crime. However, since he had been jailed for three years the appeals court felt the maximum term for the crime should be applied, which is two years.
The court added that guilt had been proven by the prosecution and the punishment was not excessive because Mr Barun had already broken the law several times and had, therefore, relapsed.
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Denis Catania
Jul 12th 2009, 16:36
@Joseph Galea: Against ILLEGAL immigrants not immigrants. I'm baffled hoe many Maltese don't know the difference between ILLEGAL immigrants and immigrants. But I guess this is ne to Malta.
@Charles Busittil: Do you really think ONLY Maltese should be upheld to Maltese law, everyone else gets a get out of jail card. An illegal immigrant has broken the law when enters Maltese waters illegally. Than he escapes form the detention center after that he obtains a fake passport.. Should I continue. EVERYONE should be held accountable for their crimes no mater if you are Maltese, tourist, legal immigrant and especially ILLEGAL immigrants. By the way thank you for comparing me to lgalea and Charles Sammut couldn't be any prouder.
I made a promise to MY Malta. I will not stop until every illegal immigrant leaves the Islands.
Charles Busuttil
Jul 12th 2009, 10:43
Please do not allow the matter of illegal immigration cloud the importance of a brave declaration made by the Chief Justice. This is a matter of miscarriage of justice by the Maltese Courts towards us Maltese citizens. The Chief Justice should look well into past absurd and erroneous sentences given by the Appeals Court, but, despite all legal efforts, these mistakes cannot be put right for lack of a Court of Third Instance. The Chief Justice should pluck enough courage to challenge and correct such anomalies, suspiciously bordering on nipotism or involving prominent names. In the meantime, the common people at the receiving end continue to suffer, emotionally and financially, at what amounts to 'legal' daylight robbery.
Joseph Galea
Jul 12th 2009, 09:58
It really is so pathetic how the likes of Messrs. Catania, lgalea and Charles Sammut turn any news under the sun into a diatribe against immigrants.
lgalea
Jul 11th 2009, 21:09
Charles Sammut
That is a stupidity because by coming here illegally and landing without any papers they have already committed several crimes.
Charles Sammut
Jul 11th 2009, 20:43
What in my opinion takes the biscuit, is suspended jail sentences for crimes commited by illegal immigrants, on the grounds that they have a clean police record. What a howler!
Denis Catania
Jul 11th 2009, 17:29
@John Laurie: In the U.S.A an illegal immigrant who has been arrested, get's taken to a immigration detention center for deportation. If an immigration detention center is not close by, they place an immigration hold. An immigration hold means NO BAIL.
Also please refer to our president as President Obama. I know he is just a black man to you, but he is our country's leader.
@Joseph Micallef: I didn't know illegal immigrants have a race of their own. Unless YOU assume all illegal immigrants as all black.
@Robert Callus: Stop stereo typing although most but not all black people live in Marsa are illegals.
Just yesterday a Serbian man with a FAKE passport was giving a suspended sentence and released. This is not acceptable. That man should be put in jail and put on work detail, to pay for his stay at our/your beautiful jail.
JPace
Jul 11th 2009, 13:04
Dr V DeGaetano a lot of HONEST people share your bemusement at how the suspended
sentence is meted out.
Given a chance after a first crime is understandable and acceptable.
But 5 or 7 times....verges on the ......... !!!
lgalea
Jul 11th 2009, 11:51
Denis Catania
Totally agree with you. They should be imprisoned and expelled after serving their sentence. They not only come here illegally but commit crimes as they do in their own countries. Out with them.
Robert Callus
Jul 11th 2009, 11:23
@Dennis Catania
What does illegal migration have to do with this? Suspended sentences are given like 'pastizzi', many times to people who definitely do not deserve them. Escaping from detention is a crime obviously, but suspended sentences have been applied to much more serious cases such as massive fraud. An individual has been given his fourth suspended sentence (i.e relapsing on an effectives sentence 3 times).
In this particular case, there is no mention that Mr Barun lives in Marsa and is an illegal migrant. Why should the Chief Justice talk about that particular group when the accused didn't even form part of it?
After all when a Somali national was in court and a police supt critizised Somalis you went to give him an award, or medal something (which he obviously refused). You didn't say 'what about non-Somalis breaking the law' back then.
John Lauri
Jul 11th 2009, 11:18
That is rich coming from you Mr Catania, considering you live in the USA.
It is a known fact that there are more than 10 million illegal immigrants in the US. So should the Barak administration order prison sentences or suspended snetences to these illegals for their actual presence in America ?
P.S. You seem to be too busy being concerned about Malta's illegal immigrant situation, than that which is happening in your adopted country, which really should be more of a concern to you, considering illegal migration to the USA is a far bigger problem. After all, Malta is approximately 4000 miles away from you. The saying : People who live in glass houses.... comes to mind !
There again, if you are so concerned about Malta and its problems, which it seems you are, having noticed all the comments you post on the Times Of Malta, then you should consider moving back to Malta permanently.
Joseph Micallef
Jul 11th 2009, 10:51
There we go again MR.Catania. And we say we are not racists!
Denis Catania
Jul 11th 2009, 09:54
How about suspended sentences of ILLEGAL immigrants who commit crimes in Malta? Some get suspended sentences after escaping from the detention center.