Jail term halved on appeal

The jail term of a man jailed six years for his part in a fight that led to the death a Filipino man at Cherries Bar in Birżebbuġa on Christmas Day 10 years ago has been reduced by three years on appeal

A three-judge panel ruled that the verdict which had been reached - that Charles Demicoli, 34, was not guilty of murder but guilty of taking part in the fight which led to his death, was contradictory.

In the incident Perfecto Rabino Montalban, 44, who was on a ship in the Freeport, had gone to a bar to celebrate Christmas with a friend and got killed following a brawl.

Mr Demicoli had admitted to having thrown a small bar stool at Mr Montalban and according to pathologists the victim died from a single blow to the back of the head.

Chief Justice Vincent De Gaetano, Mr Justice David Scicluna and Mr Justice Joseph Zammit Mckeon said the jurors had Mr Demicoli of being the person who had dealt the lethal blow but at the same time said that he had injured the victim and might have caused his death.

However, there was only one fatal injury.

The three judges said that Mr Demicoli should have been found guilty of accidental affray without the proviso in the law which states that the person who inflicted an injury which could have caused death be liable to a more serious punishment.

The law states that a person found guilty of this crime is liable to imprisonment of not more than three years in jail.

The judges revoked the previous judgment and reduced Mr Demicoli’s prison term by three years.