A family man convicted in November 2013 of human trafficking and condemned to a jail term of 30 months, must have breathed a sigh of relief when a court of appeal converted the punishment to a suspended sentence and a fine of €5,000.

Djillali Douib, 48, had been convicted of the illegal trafficking of a Turkish and a Moroccan national by a court of magistrates.

In his appeal, the accused had not contested the finding of guilt but requested a less severe punishment. He argued that he was a family man, regularly employed and having an otherwise clean criminal record sheet.

In his appeal, reference was made to several cases where the Maltese courts had dealt with more serious circumstances in a more lenient manner. Even when the accused happened to be a recidivist with various previous convictions, " the courts were inclined to give him another opportunity with the ultimate aim of avoiding a prison sentence," the court was told.

The court was asked to consider the reformative nature of the current judicial scenario which provides for a system of parole.

It was argued that the magistrates' court had apparently ignored this trend and based itself solely on the argument that the crime was of a serious nature since it involved human trafficking.

The court observed that the criminal record sheet of the accused was to date "completely clean". Basing itself on past judgments the court concluded that an effective prison sentence was not ideal in such circumstances.

"The appellant ought to be given a last chance to live within society and to earn a living for himself and for his family," the court declared. Consequently a prison term would not be an "equitable and just" punishment.

The court upheld the appeal and imposed a 2 year jail term suspended for 4 years. It also condemned the appellant to a fine of €5,000.

Lawyers Franco Debono and Marion Camilleri signed the appeal application.