Two-month prison term overturned after police affidavit ruled invalid

A man jailed for driving without a licence has been cleared on appeal after the court found that the prosecution’s sole affidavit was invalid because it did not specify where the police officer had been sworn in.

The omission amounted to a fatal procedural defect that left the case with no admissible evidence.

Kurt David Azzopardi had been sentenced to two months in prison earlier this month by the Magistrates’ Court for allegedly driving in breach of a previous disqualification. The entire case rested on an affidavit filed by an officer, but the appeal court noted that the document failed to indicate the place where the oath had been administered, a detail required by law for an affidavit to be valid in criminal proceedings.

The court explained that for an affidavit to be valid, it must show both when and where the oath was taken, so that the court can confirm it was administered before a competent authority. Without that information, the sworn statement cannot be relied upon as evidence. The court described the omission as a fundamental irregularity which struck at the root of the prosecution’s case.

Once the affidavit was deemed inadmissible, no evidence remained to sustain Azzopardi’s conviction. The Court of Appeal therefore upheld his appeal, revoked the two-month sentence and ordered his full acquittal.

The ruling also reaffirmed long-standing jurisprudence that criminal convictions cannot rest on defective sworn statements, as this undermines both the rights of the accused and the integrity of criminal proceedings

Lawyer Nicholas Mifsud represented the accused. The case was presided over by Judge Natasha Galea Sciberras.