A man has had a 30-month jail term reduced to one month on appeal after a court found that there was not enough evidence to link him to a theft of machinery and birds which took place three years ago.

Keith Pace, 36, had been convicted of aggravated theft, of having received stolen goods and of having breached bail conditions following his alleged involvement in the theft which took place one early September morning in 2013.

The magistrate's court had imposed an effective jail term of 30 months and had ordered the accused to pay €15,000 in virtue of a personal guarantee imposed by two previous court decrees.

The court of appeal, presided by Madame Justice Edwina Grima, heard how in the early hours of September 1, 2013 two jiggers, a Bosch chaser and some 10 birds were stolen from a property in Sta Venera.

Police patrolling the area, had noticed the accused and his girlfriend lurking in the shadows of a roadside niche. Upon sensing the presence of the officers, the accused ran off, with the police giving chase.

Mr Pace's car, parked nearby, was searched by the police but no witness was summoned to testify about the outcome of the search.

The court noted that on the basis of the evidence put forward by the prosecution, there was no concrete proof linking the accused to the theft. No evidence was exhibited regarding fingerprints of the man on the allegedly stolen chaser, found close tot he site, or on any objects inside the burgled property. 

Although the circumstances under which the accused had been arrested were "highly suspicious ", the prosecution had failed to prove beyond reasonable doubt that the man had committed the theft.

On the other hand, the court was not at all convinced by the excuses put forward by Mr Pace to justify his being outdoors when he was bound by his bail conditions to be home after 8.00pm. The man had claimed that he had been on his way to the health centre since he had respiratory problems. However, the way he sped off when the police gave chase seemed to belie his health troubles, the court remarked.

The court therefore acquitted the accused of the theft and the receipt of stolen goods, but declared him guilty of having violated bail conditions, imposing an effective jail term of one month.

Inspector Arthur Mercieca prosecuted.

Lawyers Franco Debono, Marion Camilleri and Yanika Vidal were defence counsel.