The Attorney General is asking the courts to hand down an effective jail term to the seven men who were given suspended sentences after they admitted to their involvement in the VAT scam.

The request was made in an appeal filed in court. Attempts to get hold of a copy of the appeal proved futile and requests were denied by both the Attorney General's office and the Criminal Court registry. Officials of both departments said they were not allowed to show such documents to the press.

Apart from the suspended jail sentences, the seven were given fines of up to €700 and a perpetual general interdiction, which, according to the Criminal Code, means they cannot work with the government or hold public office ever.

The suspended jail terms have been criticised by different quarters, arguing the court ruling transmitted the wrong messages.

Through the scam, businessmen who owed large amounts of money to the VAT Department could pay off certain employees for the amounts to be reduced.

The court ruling also brought to the fore what the Justice Ministry described as "an anomaly" in the law because of the different meanings given to the term "general interdiction" in the civil and criminal codes.

Lawyers and notaries contacted by The Times said they understood the term general interdiction to mean the forfeiture of one's rights to sign contracts, buy or sell property and vote, rendering their status similar to that of a minor. This was the definition given in the Civil Code when the punishment is usually given to people with mental health problems and therefore cannot be trusted to carry out civic duties.

A spokesman for the ministry said this "anomaly" must be addressed through a revision of the law. However, when asked to explain which definition would be applied to the seven men who pleaded guilty to the scam, the spokesman said no more comments would be made, stressing the importance of allowing "due legal process".

"Opening the doors to trial by the media is counter-productive and contrary to the letter and spirit of the rule of law. Every case has its separate and distinct circumstances, which emerge in the particular lawsuit to which only the parties and the judge are privy. Thus, attempting a trial through intemperate commentary and media coverage is undesirable," the ministry spokesman said.

Besides the seven people who have already been brought to justice, another 25 have been charged with their involvement in the scam and are expected to be tried in court shortly.

cperegin@timesofmalta.com

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