A man was freed and another had a two-and-a-half year jail term cut to five months after an appeals court highlighted the "amateurish" way in which the police conducted their case.

A tip off had led the police to three men who were acting suspiciously in Valletta a week after an ironmongery was burgled in February last year. One of them had been carrying a bag containing stolen items and all three were subsequently found guilty of burglary.

Curtis Bakoush had been jailed for one year. Diego Grixti was jailed for two-and-a-half years and Allan Pace was jailed for two years. Both appeal, claiming that the jail term was excessive and that the first court had not appreciated well the evidence and facts of the case.

The Criminal Court of Appeal presided over by Chief Justice Vincent De Gaetano said that the amateurish way in which the prosecution conducted its case could not go unnoticed.

Not even the slightest effort was made to value or photograph the stolen items identified in court by the owners of the shop, the court noted.

Mr Grixti had also been found guilty of attacking a policeman while in custody. The court said that it treats attacks on public officers much more seriously than the charge of handling stolen property. Mr Grixti deserved to be jailed immediately for this offence.

The Chief Justice said that in Mr Pace's case there was no evidence linking him to either the burglary or the handling of stolen property, adding that there was not enough proof to find Mr Pace guilty. He was thus cleared.

After taking into consideration that the stolen items were not valued, the court could only consider the minimum amount by law, which was €23.

Mr Grixti's sentence was, therefore, reduced from two and a half years to five months.

Lawyer Michaela Spiteri appeared for Mr Pace.

Lawyer José Herrera appeared for Mr Grixti.

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