Seven years' imprisonment for man who aided and abetted migrants' trafficking

The fourth day of the trial by jury of Gordon Dimech saw nine jurors returning to the courtroom with a guilty verdict, eight votes to one.

Dimech was sentenced to seven years' imprisonment after more than five hours of deliberations by the the jury.

After the verdict, Dr Lara Lanfranco from the Attorney General stated that the crime of helping asylum seekers leave the country was not looked upon as a crime by a lot of people. "In the case of another asylum seeker, Ali Abubaker, who had aided the escape of four migrants, the man in question was also imprisoned for seven years, as well as having been charged with relapsing."

In view of this case Dr Lanfranco asked the court to imprison Dimech for seven years.

Defence lawyer Stefano Filletti said that inconsistency in punishment brings with it injustice. Filletti argued that the majority of the cases regarding aiding and abetting in trafficking of human beings are heard at the Court of Magistrates, while Dimech was facing a trial by jury.

Quoting a number of cases Dr Filletti said that Peter Borg, who was convicted for trafficking 25 migrants, had been imprisoned for three years. Another person who organised the escape of 45 migrants was imprisoned for six years, while the majority of cases had a prison term of between six months and a year. Filletti also said that the court should also consider that Dimech and his family a have been a waiting for the trial for eight years. "This time lapse has left its mark on all those around Dimech, not just on the convicted man", the lawyer said.

Dimech, 35, was found guilty of aiding and abetting asylum seekers to escape from Malta on 21 December 2005. Together with the late Dennis Mackay, he was implicated in the investigation after asylum seekers informed the police he had sold them a speedboat.

The attempt in December 2005 had been abandoned due to inclement weather conditions. Four asylum seekers, who survived a second botched attempt in March 2006, were arrested by the police. 

Prior to being arraigned, they informed officers that Mackay and Dimech had sold them the boat used in a previous attempt. The four asylum seekers admitted to attempting to escape from Malta in March 2006. They were given a month-long jail term.

Mackay passed away earlier this year while Dimech this week faced trial by jury.

In a three-hour concluding speech, Justice Michael Mallia, explained the intricacies of the law to the jurors. Going into detail, the judge explained the meaning of the different scenarios portrayed by the charge raised against the accused.

Judge Mallia pored over the evidence presented. He urged jurors to evaluate the evidence and the points raised by both the prosecution and he defence.

The trial was not bereft of particular scenarios. One of the jurors was replaced when they fell ill. Earlier today, members of the AFM Bomb Disposal Unit and officers from the Police Dog Section ordered the evacuation of the court buildings after receiving a bomb threat. As an eerie silence took over the court corridors, Judge Mallia, in Hall 22, went on addressing the jurors.

Lara Lanfranco and Charlene Camilleri Zarb from the office of the Attorney General are prosecuting. Stefano Filletti and Veronique Dalli are appearing for the accused.