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.
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s bugeja
Sep 4th 2010, 22:51
jekk hadd ma jafu jew hadd ma kien hemm hadd ma jista jiggudika. dan il guvni kisser 10 snin min hajtu jidhol kmieni minhabba l garanzija u kien il habs ghal xejn u intom qedin tiggudikaw li andu jibqa l habs fuq li qas biss tafu x gara. misskom tisthu kolla li tridu tmaqdru ta kuljum fuq dan is sit meta qatt ma tkunu tafu x gara EZATT
Peter Murray
Sep 4th 2010, 10:37
What a preposterous and massively flawed law this is and if one throws anything at another person-if this case a bar stool-then that object can and must be must be regarded as a potentially lethal weapon and this act by the accused could have caused the death of the man-a fact recognised by the jury and the judge but now over-ruled by obviously more superior and better informed judges -but no jury.This decision makes a mockery of our judgment system and I apologise on behalf of the majority of Maltese to this man's family and his memory for desecrating such.
C. Abela
Sep 4th 2010, 08:17
Each country has those problems which embarrass and depress it. In Malta we have the roads and the courts. Shameful when such decisions are supposed to be by the book but which in truth do not reflect on the true moral and civic gravity of the crime. Criminals don't really pay for their crimes in Malta.
S Vella
Sep 4th 2010, 08:15
OMG
unbelievable.....what value life has in Malta!!
we truly practice what we preech!
Valuri sodi u Justizzja.
Charles Degiorgio
Sep 3rd 2010, 23:34
Misskhom tistħu tiġġudikaw lil dan. Jien ma nafux pero żball jagħmlu kulħadd u jekk il-qorti ħafret tlett snin mill-piena għamlet sew. Wara kollox nispera li l-Malti jiġi qabel il-barrani jew għandna Maltin fostna li l-ewwel jiġu l-brranin għalijhom?
Jeremy J Camilleri
Sep 4th 2010, 09:03
Thanks for proving my point...
Joseph Vassallo
Sep 4th 2010, 09:08
Degiorgio, xi jkun l-atteggjament tieghek kieku l-kas gara fil-Filippini u l-vittma kien Malti u l-qattiel kien Filippino?
Jekk ghadek qatt ma' smajt li kullhadd (suppost) indaqs quddien il-ligi, m'intix kwalifikat biex tikkumenta.
Jien nghid li s-sentenza kienet hanina f'l-ewwel kas u ferm izjed f'l-appell. Imma nemmen li l-imhallfin sempliciment wettqu dak li hemm miktub fil-ligi u meta l-kas jigi quddiemhom, hekk biss jistghu jghamlu.
Il-ligi ma' tinkitibx mill-imhallfin imma mill-parlament
ANTHONY MANGION
Sep 4th 2010, 16:36
WHO SAID WE DONT KNOW THE PERSON ACCUESD.WE DO KNOW HIM AND HOW.
Jeremy J Camilleri
Sep 3rd 2010, 20:08
But hey..he's a foreigner...you can tell..even by the lack of comments hereunder....Shameful.
M Vella
Sep 3rd 2010, 22:00
Could not have put it better. Ipokresija ta' pajjiz twahhxek. Mur ara kieku bil-kontra x'ghageb shih fuq dan il-blog.
D.Galea
Sep 4th 2010, 00:18
Of course, a Maltese would have been burned at the stake before the accusations if possible!
D Vella
Sep 4th 2010, 08:29
My exact thoughts.
This Island racist?.Yes.
This People in self denial about it's own origins?. Wanna bet.
What does this judgement say about discrimination.Plenty.
A.Camilleri
Sep 3rd 2010, 19:05
Why not pay him compensation to add insult to justce?What a joke!!
g.agius
Sep 3rd 2010, 18:33
prosit.....ara tibqawx tiggieldu biex tirtiraw ta mitt sena intom l imhalfin !!
ax veru ta ezempju !
R. Gauci
Sep 3rd 2010, 17:27
Already the sentence was laughing stock, now to add insult to injury it was halved!! A man was killed here and a family ruined forever does the Court realize this?? How much is human life worth in Malta??
a.attard
Sep 3rd 2010, 18:10
The victim was a foreigner... that's why!
Richard Galea
Sep 3rd 2010, 17:19
Would love to know the name of the defense lawyer of Mr. C Demicoli. A very good lawyer indeed.... Richard Galea