Elderly man discharged on appeal

A 62-year old man convicted of possession of an imitation weapon and holding three men against their will has his conditional discharge overturned on appeal.

Saviour Mifsud Bonnici, 62, was discharged without any conditions after the Court of Appeal ruled that having to follow court procedures was enough punishment for the accused.

The case dates back to March 2009 when the accused was involved in a traffic accident with another vehicle. The driver of the second car kept going and Mifsud Bonnici gave chase and managed to stop the other car at Bahar ic-Caghaq. Driver Dennis Agius and two passengers exited the vehicle and one of them threw an ice-cream at the accused’s car.

In retaliation, the Mifsud Bonnici drew out a gun and scared the other men away. He then called the police. Investigations revealed the 'weapon' to be a plastic toy gun.

The Court of Magistrate’s convicted him of possession of an imitation weapon and holding three men against their will. He was handed a conditional discharge but appealed the punishment.

Mr Justice David Scicluna concluded that the accused, being an elderly man, had feared being assaulted. “While this does not justify his actions, the court believes that having charges pressed against him were sufficient punishment”, Judge Scicluna said. Saviour Mifsud Bonnici was subsequently discharged without any conditions.