A young mother convicted of having conspired to fraudently collect money for Dar tal-Providenza had her conviction quashed by the court of appeal on Tuesday.

Graziella Apap, 34, had been arraigned along with her alleged partner in crime, Joseph Meilak, and both were convicted of having tricked 34 people to hand them money in aid of the home for people with disabilities.

Ms Apap had been implicated by Mr Meilak, who had gone door-to-door collecting money, allegedly on her behest.  

Mr Meilak had pleaded guilty and landed a 4-year jail term. Ms Apap had also landed a 4-year jail term but had filed an appeal.

The Court of Criminal Appeal presided over by Madam Justice Consuelo Scerri Herrera, upheld a request by her lawyers for the removal of statements made by Mr Meilak and incriminating her at a time when judgment had not yet been delivered.

As for the remaining testimony by Mr Meilak, the court noted that his criminal record spoke for itself, shedding light upon his ‘unruly character’ and calling for great caution in evaluating it.

Indeed, Mr Meilak had testified in a rather confusing manner as to whether he had been prodded to commit the fraud by the woman or whether he had undertaken the scheme in reaction to her repeated demands for cash, the court said. 

A third party who had been arrested together with Mr Meilak and who had claimed that Mr Meilak was constantly on the phone with “Gra,” had never been called to testify, a serious shortcoming by the prosecution, the court said.

Receipts issued on behalf of the Dar tal-Providenza, found at Ms Apap’s home could possibly have been put there by Mr Meilak when he stayed with her for a time.

All in all, the court said, the evidence did not suffice to eliminate a “lurking doubt” on account of which the court could not pronounce itself “morally convinced” that Ms Apap had “fully participated” in the fraud, although she must have had an idea as to the illicit origin of the money handed to her by Mr Meilak.

Whilst revoking the conviction for her involvement in the conspiracy to defraud, the court declared Ms Apap guilty of handling stolen property, converting her 4-year jail term to a three-year probation period, by way of “an opportunity to truly embark upon the right path,” whilst warning that this was to be the last chance.

Lawyers Franco Debono and Marion Camilleri were defence counsel.