Escapee's eight-month sentence slashed to fine on appeal

An eight-month prison sentence handed to a man who jumped through a window at the Birkirkara police station whilst being held for questioning, has been slashed to a €500 fine on appeal.

20-year-old Leon Borg had come under increased police scrutiny during the summer after failing to sign a bail book. Borg had been on bail for two separate arraignments, one in July and the other in December 2016. His bail conditions stated that he was to sign the bail book daily at the Birkirkara police station and twice weekly at the Qawra police station.

After missing some of the appointments, he was arrested by officers from the Birkirkara police station last June. Borg, however decided to escape from police custody, making his exit through a window at the police station.

The man was subsequently recaptured and prosecuted for escaping from police custody as well as for breaching bail conditions, earning himself an eight-month jail term in the process. The Court of Magistrates had also ordered the confiscation of Borg’s €11,000 personal guarantee under one of the bail decrees.

Borg filed an appeal, his lawyers arguing that Maltese law did not punish the mere fact of escape from places of confinement by persons held under arrest, but not yet condemned by a court sentence.

Additionally, the Birkirkara police station was not one of the ‘places of confinement’ envisaged under the Criminal Code, which only identifies the lock-ups at the Police Headquarters, the Law Courts and the Police Administrative Unit in Victoria, Gozo.

Borg opted not to contest the conviction for having breached his bail conditions, instead asking only for a lowering of the relative punishment.

Mr Justice Giovanni Grixti in the Court of Appeal, upheld the appellant’s argument about places of confinement and ruled, with regards to the conviction for the breach of bail conditions, that there were "particular circumstances" which called for justice to be done.

The court noted that there was nothing to show that Borg had changed address. He had, however, provided a medical certificate to justify his failing to sign his bail book and his failure to appear for a court sitting. In view of this, the judge upheld Borg’s appeal and reduced the punishment from an eigth-month prison term to a fine of €500, also revoking the order of the forfeiture of his bail guarantee.