A court yesterday ruled that the fundamental human rights of five Romanians were not breached when they admitted charges of theft and were each sent to prison for three years.

They claimed they were told they would be jailed for one year

Christian Panaitescu, Alexandru Dragos, Dimitriu Marius, Illie Niculae and Florica Niculae were charged before the Magistrates’ Court with theft and receiving stolen goods in February 2012.

All except Florica Niculae pleaded guilty and received three-year prison sentences.

Florica Niculae admitted to the charges in a later sitting and was also jailed for three years in March 2012. None appealed.

The men then filed a constitutional application claiming they had been discriminated against because they received a harsher prison sentence than normal for the crime.

They also claimed they had not been informed of their right of appeal and that they were not given a fair hearing.

Mr Justice Tonio Mallia said the men claimed they had only admitted to the charges because the prosecuting officer told them they would only be jailed for a year.

Police Inspector Saviour Baldacchino categorically denied this allegation and his version was corroborated by other police officers and the interpreter.

The interpreter told the court that, when the men were being interrogated, the inspector had shown them what evidence he had and explained to them it would be in their interest to plead guilty.

If they did so, he would not insist upon the maximum punishment although he could give them no guarantees about the prison sentence.

The judge found the version of events given by the inspector and the interpreter to be credible. If the men received a different impression this could only be their fault.

Before they were sentenced, the presiding magistrate had indicated they would serve three years, but the men had still chosen to admit to the charges.

The lawyer who had assisted one of the men said she had explained to them that she would do her best to obtain the lowest possible punishment but that the final decision rested with the court.

The judge dismissed the case.

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