Appeals Court overturns judgement for first time offender

Robert Gafà had his three-year jail term turned to a four-year suspended imprisonment on appeal after the court ruled he is a first time offender and not a threat to society.

The incident dates back to 25 May 2001, when Gafà worked for Miller Distributors Ltd. Following a police investigation, he was charged with attempting to blow up computers at his place of work, aggravated theft, misappropriation, handling stolen property, damaging private property, forgery and defrauding his employer of €16,300 (Lm7,000).

Ten years after the incident, on 5 November 2010, Gafà was convicted of aggravated theft, misappropriation and handling stolen property. He was handed a three-year jail term, but appealed judgement.

In his appeal, lawyer Arthur Azzopardi argued that his client was convicted for an offence which at the time of the incident was not contemplated at law. “ Article 325(a) of the Criminal Code was not in vigore at the time, hence it could not have been violated”, the lawyer said.

However the Court of Appeal rejected the argument, saying the wording of the charges was in fact those quoted from the article used at the time of offence. While throwing out the argument of the defence, the Court solicited the prosecution and the Attorney General to pay more attention to detail when transcribing charges.

The defence also argued that the accused was unjustly convicted of theft, handling stolen property and fraud. The court upheld Azzopardi’s argument, saying, “Gafà sold the batteries he had allegedly stolen and photocopy paper he had purchased on behalf of his employer. These actions constitute misappropriation and no other offence”

Furthermore, the First Court overlooked the fact that Gafà was a first time offender. “The punishment does not strike a balance between retribution and rehabilitation. Moreover the accused, who himself suffers from epileptic fits, takes care of his sister who suffers from cerebral palsy. Serving jail time will place this burden on the sibling’s elderly father.

Mr Justice David Scicluna ruled that the accused is not a threat to society. “He went and looked for help on his own accord, and is now being treated by a consultant psychologist”, the judge said. The court of Appeal acquitted Gafà of fraud and damaging of computer equipment but found him guilty of misappropriation.

Judge Scicluna revoked the previous sentence and handed Gafà a two-year jail term suspended for four years.