Notary should have been jailed - chief justice
An appeal by a notary to be relieved from having to pay back money he defrauded his clients was this morning turned down by the Court of Appeal.
Notary Sandro Schembri Adami was on March 12 given his fifth suspended jail term after he admitted to misappropriating €73,292 belonging to 16 people.
He admitted he had collected the money from the people as duties on property transfers but did not transfer the money to the government.
The court had given Dr Schembri Adami six months to pay the money back and imposed a two-year jail term suspended for four years after noting that he had a clean criminal record when the case was taken to court.
He had also been given a general perpetual interdiction.
In his appeal, Dr Schembri Adami argued that as he could not work as a notary anymore and had no more assets, he should not be made to pay back the money he defrauded.
In his judgement, Chief Justice Vincent de Gaetano said that the appeal was unfounded and empty.
Over a period of time and repeatedly, Dr Schembri Adami had taken other people’s money and abused of his clients’ confidence in him, prejudicing their interests.
He should have been effectively imprisoned and not given a suspended sentence, irrespective of his cooperation, especially if he was not in a position to pay back the money.
But as the prosecution had not appealed the sentence, the Appeal’s Court could not do anything about that.
Mr Justice de Gaetano said that the appeal was unfounded and fined Dr Schembri Adami €200, which, if unpaid, would be converted into 17 days of detention.
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33 Comments
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G Falzon
Jun 6th 2010, 22:27
I suggest one to google for "sandro schembri adami" (in quotes) and view the results.
G Falzon
Jun 6th 2010, 22:22
This story started many many years ago and should not have been allowed to drag so far and to such depths! Remember the perpetrator was a public figure (notary) and an MP.
G Falzon
Jun 6th 2010, 22:15
Who is responsible and accountable for the prosecution's failure to appeal? How is this going to be amended now?!
victor Vella
Jun 6th 2010, 19:39
Why is this dragging of feet? If Schembri Adami has done criminal acts the courts of Justice must exert the power of law and be jailed. If a common citizen has done what Schembri Adami had done he/she is already in jail.
George Joseph
Jun 6th 2010, 19:28
My simpaty to a friend, Dr Sandro Schembri Adami – he was and still is a kind hearted man, who helped a lot of people, most of the time without charging a single penny – but like all other humans he made a mistake which he is paying for it the hardest way.
Joe Fenech
Jun 6th 2010, 12:49
5 SUSPENDED JAIL SENTENCES !!!!!!!!!!!!!!!!
What a joke of a country!!!!!!!!!!!!!!
Joe Fenech
Jun 6th 2010, 12:40
ISN'T IT OBVIOUS THAT HE SHOULD HAVE BEEN????!!!!!!!!!!!!!!!!!!!
Joseph Schembri
Jun 6th 2010, 12:31
You all love kicking a man when he is down don't you? Most brave of you.
Camille Pace
Jun 6th 2010, 11:48
Oh come on, who do you think you are fooling? Years of rendering services at exorbitant prices, not to mention the money he retained illegally, and he can't afford to pay back??? What did he own before, whose name has it been transferred to now to avoid paying back? We are not all notaries, lawyers, doctors or boast an alphabet beyond our surname but we are NOT stupid! €73 thousand is approx the price of a smallish apartment, I doubt a notary would reside in an apartment like us taxpayers do. So how about you rent out an extra bedroom or wash cars in your garage for a start to another income? Welcome to the real world where decent people work hard for their cash, declare full income and pay tax, inlcuding duties to the government... and if they screw up they get jailed
alfred zammit
Jun 6th 2010, 11:38
Has he got any property ,perhaps under his family name in Sliema which can pay off the debts?
Mark Zerafa
Jun 6th 2010, 11:01
This notary fared better than the ADT official who took a total of Lm 6 in "bribes".
Once again, weak with the strong, strong with the weak!
Robert (A) Falzon
Jun 6th 2010, 03:05
The Chief Justice was correct to say that Sandro Schembri Adami (SSA) should have been jailed and considered that there were no grounds of appeal.
However, this case casts a very long and dark shadow over our justice system nonetheless. The prosecution should have appealed the original sentence to the Appeal Court and pressed for a period of detention. Crimes committed by people in the legal profession are very serious and if they are not handled appropriately will result in the general community loosing faith (whatever little they might have had) in our justice system.
Many ordinary citizens are routinely incarcerated for much lesser crimes. A notary who ordinary citizens look up to and who enjoys prestige, honour and their confidence has a duty to do his job diligently, honestly and to the best of his ablility (although this is not always up to the required standard). A notary or lawyer also has a fiduciary duty to his clients who trust him implicitly.
SSA being found guilty of gross misappropriation of funds should have been incarcerated. This would have served as a ditterance to others.
Edwin Mifsud
Jun 4th 2010, 18:48
If his warrent has been revoked why are we refering to this man as DOCTOR Schembri Adami.
He is now just plain and simple Sandro.
J Micallef
Jun 6th 2010, 10:55
Mhux il-warrant jaghtik it-titlu imma l-kwalifika......
L Fenech
Jun 4th 2010, 16:14
17, 18, 19, 20, 21,.......kollha suspended. Mur gib li kien haddiehor.
Leonard Gauci
Jun 4th 2010, 15:19
I’m waiting for the first comment from the “Min hu bla htija jitfa’ l-ewwel gebla” brigade.
G. Mangion
Jun 6th 2010, 19:24
Leonard Gauci, ( I’m waiting for the first comment from the “Min hu bla htija jitfa’ l-ewwel gebla” your quote ) In this case I am { htija jitfa’ } Why dont you be clear, and tell us who is to blame for 5 Susspended Sentence's ? .............
Paul Barrett
Jun 4th 2010, 14:48
Interesting.
If Euro 200 = 17 days detention for none payment then
Euro 73,292 = approximately 17 years detention.
Yet on the initial sentencing, the Court imposed a two-year jail term suspended for four years plus to return the money within six months.
It might we worth finding the money quickly before the missing money is turned into time in detention in lieu.
malcolm seychell
Jun 4th 2010, 14:46
Of course this criminal should have been sent to jail
He can find another job. Maybe collecting garbage is the most appropriate job for him
Shame on you, and more shame on our courts for not giving you what you deserved.
A good number of years in jail, pay all the people you defrauded and have your notary licence taken is the least you can get.
m attard
Jun 4th 2010, 14:19
'He should have been effectively imprisoned and not given a suspended sentence, irrespective of his cooperation....' - good words from the Chief Justice. Let's hope that this 'suspended sentence' phase which the courts seem to be going through comes to an end quickly. The penalty handed down in this case was utterly absurd.
G Dalli
Jun 4th 2010, 14:16
Naqbel mija fil-mija ma' R. Axisa. Kull min jiffroda lill-Gvern ghandu jaghti l-flus lura. Mhux haqbdu biss ma' min ffroda lid- Dipartiment tas-Servizzi Socjali - single mothers. Min kellu sehem fil-frodi tal Vat x'sar minnhom? Jekk le ghad jigi zmien li ser ikollna nhallsu aktar taxxi (harsu lejn il-Grecja, Spanja Portugal)
Joe Morana
Jun 4th 2010, 14:08
I would not be surprised if he requests a presidential pardon etc....!!!!! and I would not be surprised if it is granted.!!!
L-anqas jishti ma jaf !! Mhux ahjar jiringrazzja lil xortih (sic) li ghadu jigri barra.!!
JOhn Inguanez
Jun 4th 2010, 14:06
The fifth suspended sentence!!!! Would that have been if the person was not a notary but a small boy brandishing a piece of cannabis. I am not advocating cannabis or condoning its use. I am commenting of two weights two measures!!!!!
peter cockran danby
Jun 4th 2010, 13:58
Surely the Attorney Generals office should have appealed he was in a position of trust he should be made an example of.
Joseph N Attard
Jun 4th 2010, 13:57
The Court of Appeal confirms most people's thoughts, that this gentleman should have been jailed effectively. It also confirms the public's understandable consternation with a great number of percieved lenient court sentences.
R Axisa
Jun 4th 2010, 13:44
"Aghtu lil Alla dak li hu ta' Alla u lil Cesari dak li hu ta' Cesari". Nispera li dawk li ffrodaw il-VAT jigu mitluba jhallsu kollox lura, ghax dawn gabru l-VAT minghand il-klijenti u ma ghaddewhiex lill-gvern - l-istess bhalma ghamel dan-nutar!
Paul Borg
Jun 4th 2010, 14:11
U meta?? Ghax milli jidher intesa kollox!!!!
R. Gauci
Jun 6th 2010, 10:29
Diga ghaddiet sena mill-kaz tal-VAT u kollox indifen taht it-tapit! Tghid ghala??
M.Ernsting
Jun 6th 2010, 19:18
I think this is common in Malta that everyone is avoiding paying the VAT , and that even Notaries !! Whom are we going to trust? And what if the contracts or whatever later on are not valid! Look what happend to Greece all because of FRAUD!! In the long run we have to pay for all this . And this is called TAX. The good for the bad.
Sean Grima
Jun 4th 2010, 13:35
he can find alternative work.
Daniel Borg
Jun 4th 2010, 15:49
you think so ?
Charles Sammut
Jun 4th 2010, 17:39
Like sending scam emails from Lagos.
Michael Borg
Jun 4th 2010, 13:32
"In his appeal, Dr Schembri Adami argued that as he could not work as a notary anymore and had no more assets, he should not be made to pay back the money he defrauded."
Next time think a bit from before genius