Appeal filed in Mellieha murder case
A man who was last month was jailed for 30 years in connection with a murder which took place in 1989 has filed an appeal, claiming he was wrongfully convicted and the penalty imposed was not according to applicable law.
A jury had found George Pace, 55, not guilty of murder but guilty of being an accomplice in the murder of Nazzareno Ebejer in a room at l-Ahrax in Mellieha.
Mr Pace argued in appeal documents filed today that an examination of the evidence clearly showed that there was no common design to commit the murder with Carmelo Sant, the man who actually pulled the trigger and had admitted to the crime.
Neither had it ever resulted that he had provided the shotgun or that he knew that the shotgun was to be used to kill Mr Ebejer.
Mr Pace protested over a section of the concluding address to the jurors by the presiding judge who, he said, had inferred doubt on his testimony.
Furthermore, Mr Pace argued, since the crime was committed in 1989, the law of the time applied, and the maximum sentence after life imprisonment was 20 years, not 30 years.
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Charles J. Buttigieg
Nov 3rd 2009, 17:20
@ A Cassar
You are wrong. The law was changed after the murder took place and can’t be applied retroactive. On this score alone the man will get his sentence reduced to 20 years and with an ace attorney and some good luck he may also walk away a free man.
There’s been too many miscarriages of justice in our court of laws lately .
Neville debattista
Nov 3rd 2009, 16:08
@ Micallef Capello. The answer is very simple. He knew very well that Carmelo Sant would kill Mr.Ebejer ( Mr.Ebejer knew them and would obviuosly tell on them unless they would get rid of him ) and did nothing to prevent him from doing so. This because he beleived that after all was said and done he would get a share of the money that the late Mr.Ebejer was supposed to carry.
L Micallef Capello
Nov 3rd 2009, 14:30
I find it confusing that this person got the same sentence as the one who actually killed the victim!
This person was accomplice and deserves to be punished, but he didn't plan the murder. Why did he get the same sentence as the murderer?
A Cassar
Nov 3rd 2009, 12:44
"...the law of the time applied, and the maximum sentence after life imprisonment was 20 years, not 30 years."
Why didn't you come forward and admitted in 1989 ?