Three hooded men who assaulted and robbed a woman in the common area of an apartment block have been jailed after they were recognised by the victim.
Diego Grixti, of Floriana, Clayton Borg of St Julian's and Luaie Borg of Valletta were convicted of having assaulted and robbed Josephine Grixti on the night of July 21-22 2009, robbing her of €2,329.
The victim told the court that she lived in the top floor of an apartment block in Hospital Street, Valletta.
As she returned from work and started going up the stairs, Diego Grixti assaulted her and punched her on the face. Luaie Borg grabbed her from the back and put his hand on her mouth to prevent her from screaming while Clayton Borg took the money which she had hidden on her body.
Luaie Borg wore a hockey mask and the others wore tights over their heads but she recognised them because the tights were transparent.
Diego Grixti was a relative, Clayton had been in a relationship with her for over three years and Luaie Borg was Clayton's cousin. She recognised a top that Clayton was wearing as one which she herself had bought for him.
The victim's daughter, Casey, confirmed that while out for a walk on the bastions she had seen the three accused in a car twice. When her mother called her after the assault, she saw them running. Luaie Borg was carrying the mask in his hand, Clayton was carrying something in his hand and Diego was still wearing the tights over his head.
Cymber Grixti, another daughter of the victim, confirmed she had given the cash to her mother earlier int he day.
The accused denied involvement but admitted that they were in Valletta, claiming they had gone to pick pills for Luaie, who had toothache
The court heard evidence from Go and Vodafone representatives regarding phone calls and localisations.
Josephine Grixti was asked to give evidence twice, the second time at the request of the defendants. During her second testimony she said she forgave her aggressors and, the court noted, she tried to withdraw some of the assertions she had made, casting doubts on whether she had actually recognised the accused.
The court said, however, that it was sure that the evidence given when the accused took the witness stand for the second time was influenced by the fact that the accused had re-established her relationship with the accused and she had forgiven them.
The court said that on the basis of the evidence, it was clear that the accused had assaulted and robbed Josephine Grixti
Diego Grixti was sentenced to 30 months imprisonment.
Clayton Borg was sentenced to two years imprisonment while Luaie Borg was sentenced to to 26 months imprisonment while also bringing into force a 9-month suspended sentence. The sentences were handed down after the court considered the criminal records of all three.