Charge sheet error sees thief go free

A clerical error on a man’s charge sheet has led to him being cleared of theft, despite having admitted the crime.

Homeless Mitchel Ricardo Antonius Virginia, 28, from Holland, had been arraigned in court late last year, accused of the aggravated theft of €480 from a couple's hotel room, committing a crime during the operative period of a suspended sentence, recidivism and living an idle and vagrant life.

Although he had initially pleaded not guilty to the charges, the man later filed an admission before magistrate Natasha Galea Sciberras.

The Court said it had serious doubts as to whether the offence actually took place on the night indicated on the charges – that of the 24 November 2021 – after several witnesses, including the victims and the investigating officer indicated that it had actually happened on the night between the 25 and 26 November, from a hotel in St. Julian’s.

The magistrate noted that although the application filed by the Commissioner of Police on 27th November 2021 refers to the date of the accused’s arrest as 25 November 2021, which would imply that the theft could not have occurred on the night between 25 and 26 November 2021, yet the declaration of the accused refusing legal assistance, also signed by the said accused, refers to the accused having been arrested on 26 November 2021 at 2:45 p.m

Notwithstanding the guilty plea filed, the magistrate ruled that the court had a reasonable doubt as to the guilt of the accused in respect of the offence indicated in the charges of theft and breaching a suspended sentence and declared the accused not guilty of those charges.

The man’s admission to the charge of living an idle and vagrant life was, however, taken as valid.

For the purpose of the punishment to be inflicted, the Court took into consideration the criminal record of the accused, from which it results that on 24 November 2021, he was found guilty of aggravated theft, in respect of which he was sentenced to imprisonment for one year, suspended for three years. It also took into consideration the testimony of his Probation Officer, the nature of the offence of which the accused was being found guilty and the fact that the accused had been in preventive custody since his arraignment on 27 November 2021.

Virginia was let go with an admonition.

Inspector Jean Paul Attard prosecuted. Lawyer Daniel Attard was defence counsel.