Father spared jail due to financial constraints

Carmel Pace was today spared a month's jail term after the Court of Appeal heard how he failed to pay child maintenance because he could not afford the amount due.

In February, the 51-year-old accused was handed a one-month imprisonment term by the Court of Magistrates after he was found guilty of not paying child maintenance to his estranged wife Anna Calleja back in September and October 2012.

However, presided by Mr Justice Lawrence Quintano, the Court of Appeal overturned the judgment to a €100 fine after the accused explained that his failure to pay was due to his financial constraints.

The court heard how the maintenance was not paid in a frivolous disregard to the legal agreement, but Pace was in a constant battle to keep up with his financial commitments.

Moreover the man had paid back the money owed for the two months he lapsed in 2012 and all further payments were issued on time.

Whilst agreeing with the conviction, the Court of Criminal Appeal revoked Pace's jail term and converted the punishment into a €100 fine.