A court of appeals has revoked a sentence handed out by former magistrate Carol Peralta because none of the parties involved had concluded the presentation of evidence.

Fernando Sammut, 36, had been charged with misappropriating nearly €8,000 from marketing agency Francis Busuttil & Sons back in 2013.

In July 17, 2014, the court, presided over by Magistrate Peralta, had condemned Mr Sammut to one year imprisonment suspended for three years and ordered him to pay back the misappropriated funds totalling €7,787.

Mr Sammut had subsequently appealed the sentence, asking the courts to declare the procedures and the judgment null and void. He called for the case to be re-heard to allow the relative cross-examinations to take place as well as to allow him to testify and present evidence.

Mr Justice Antonio Mizzi noted that, on April 4, the defence's cross-examination of two witnesses had been suspended for the next sitting, which had been deferred to July 15.

However, the lawyer later discovered that the case was to instead be heard on July 17. He got caught up in another courtroom and, as he was leaving, he received a call from Mr Sammut informing him that the case had been decided.

The court noted that there was no transcript indicating that either the prosecution or the defence had concluded their evidence.

The court therefore declared Magistrate Peralta's judgment to be null. It sent the acts back to that court so that the prosecution and defence could continue presenting evidence and for the case to be decided according to the law.

Lawyers David Camilleri and Joseph Gatt appeared for Mr Sammut.