A couple jailed for five months each for knowingly buying a stolen iPad have had their punishment reduced on appeal.

Francois Ellul, 28, and Rowena Garcia, 26, had been caught red-handed with the stolen tablet after its inbuilt GPS system had led the police to them outside the Msida detox centre.

The two had said they bought the device from Renaldo Rotin, who was in turn arrested and sentenced after admitting to the theft. 

During proceedings against the couple, Mr Rotin had testified how he had offered to sell the iPad to the two after meeting them in Marsa. The couple had apparently not been put off by the fact that the gadget was stolen, and took the iPad while agreeing to pay Mr Rotin at a later date. 

Upon their conviction, the two accused had filed an appeal. Mr Ellul argued that he had not been aware that the device was stolen property and he therefore deserved a reduction in punishment. His partner in crime had argued that she had simply been riding passenger in Mr Ellul's car when the deal was struck.

The court, presided over by Mr Justice Antonio Mizzi, rejected these pleas but reduced the punishment meted out to the two, taking into account recommendations by a medical expert who had warned that an effective jail term could prove counter-productive in this case. 

The court also noted that the original price of the device was never determined,  since its dispossessed owner had never been called to testify. Moreover, the co-accused had given different versions of the purchase price.

The court therefore reduced the five-month jail term to one of three months in respect of Mr Ellul and handed Ms Garcia a 6 month conditional discharge.

Lawyer David Gatt was counsel to Ms Garcia. Lawyer Marc Sant was counsel to Mr Ellul.

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